How a Personal Injury Lawsuit Works A personal injury lawsuit can provide you with the money you deserve, regardless of whether you were the victim of a car accident or slip and fall. A personal injury lawsuit may be filed against any person that has violated a legal duty of care. The plaintiff is entitled to damages for any injuries they suffered such as medical bills, lost earnings, and pain and suffering. Statute of Limitations You are entitled under the law to file a personal injury lawsuit against someone who caused you harm due to their negligence or intentional act. This is called"a "claim." However the time frame for filing a lawsuit is limited by the statute of limitations. Each state has its own statute of limitations. This restricts your ability to file claims. It usually takes two years, although some states have shorter deadlines in certain types of cases. The statute of limitations is an essential aspect of the legal system as it allows people to get over civil matters in a timely manner. It also prevents claims from languishing for a long time, which can be a major issue for victims of injuries. The time limit for personal injuries claims is generally three years from the date of the accident or injury that caused it. Although there are exceptions to this general rule that could be confusing without the help of a skilled lawyer, they are generally easy to understand. The discovery rule is an exception to the statute of limitations. This states that the statute will not be in effect until the injured person discovers that their injuries were caused or aggravated through a negligent act. This is true for all types of lawsuits which include personal injury, medical malpractice and wrongful death claims. In most instances, this means that if you are injured by negligent drivers and file a lawsuit within three years of when the accident occurred the case is likely to be dismissed. This is because the law requires you to take responsibility for your health and well-being. Another significant exception to the three-year personal injury statute of limitations is if the victim is legally incompetent or incapacitated, meaning that they are not capable of making legal decisions on their own behalf. This is a distinct case and it's best to discuss your personal injury matter with an attorney as soon as possible to ensure that the deadline does not run out. A judge or jury may extend the statute of limitations in specific circumstances. This is particularly true in medical malpractice cases where it can be difficult to prove negligence. Complaint The filing of a complaint is the first step in any personal injury lawsuit. The complaint document will outline your claims and the liability of the at-fault party and how much money you want to ask for in damages. Your Queens personal injury lawyer will draft this document and then submit it to the appropriate courthouse. The complaint is comprised of numbered statements that explain the court's authority to hear your case, explain the legal theories behind your claims, and then state the facts pertaining to your lawsuit. This is an important part of your case as it provides the basis for your arguments and helps the jury understand the facts. In the beginning of a personal injury lawsuit the attorney will begin with "jurisdictional allegations." These allegations inform the judge the court where you are suing, and often include references to state laws or court rules that allow you to pursue this. These allegations help the judge decide if the court has the authority to hear your case. The lawyer will then talk about the various facts related to the incident, including the time and manner in which you were injured. These details are essential to your case, as they will provide the basis for your argument regarding the defendant's negligence and , consequently, the liability. Depending on the type of claim, your personal injury lawyer could add other counts to the complaint. They could include a breach of contract, violation of the law on consumer protection, and other claims that you might have against the defendant. After the court has received a copy, it will send an order to the defendant. The summons informs the defendant that you are suing them and provides them with an opportunity to respond. Otherwise, the defendant may have their case dismissed. Then, your attorney will begin a process of discovery that involves getting evidence from the defendant. This may involve depositions in which the defendant is asked questions under an oath. Your case will then move into the trial phase, in which the jury will decide on your claim. Your personal injury lawyer will present evidence at trial and the jury will make their final decision regarding your damages. Discovery Discovery is an essential process in any personal injury case. It involves obtaining and analyzing all evidence that is relevant to the case such as witness statements as well as police reports, medical bills and more. It is essential for your lawyer to obtain the information as quickly as possible, so they can put together an impressive case for you and protect your rights in court. Both sides must respond to the discovery in writing and under swearing. This will help prevent unexpected surprises later on in the trial. Although this can be lengthy and challenging, it is essential that your lawyer prepares you for trial. This helps them create an impressive case and determine what evidence can be thrown out of court. The first step in the discovery process is to exchange all relevant documents. This includes all medical records, reports, and photos related to your injury. The next step is that attorneys from both sides are entitled to request specific information from the other side. This includes medical records, police reports and accident reports. These documents are crucial to your case and can aid your lawyer in proving that the defendant was responsible for your injuries. They can also document your medical treatment as well as the length of time you were off work due to your injuries. In this phase, your attorney can also demand that the other side acknowledge certain facts, which will save time and money during trial. For instance, if you are suffering from an injury prior to the time of trial, you may need to disclose this in advance so your attorney can properly prepare. Another vital aspect of the discovery process is taking depositions, which involves the witnesses giving a statement under oath concerning the incident at hand and their part in the lawsuit. This is often the most difficult aspect of discovery because it can require a lot and time from both parties. During discovery, the party at fault's insurance company may offer to settle the claim with an amount that is fair before trial in court. Although this is a typical method to avoid wasting money and time during trial but it's not a sure thing. Your attorney will provide an opinion regarding whether the settlement offer is fair and can help you determine the most effective method to proceed. Trial A personal injury trial is the most commonly-used kind of legal action you can take after being injured in an accident. This is the stage at which your case is argued before a judge or jury to determine whether the defendant (who caused your injuries) is legally accountable for the damages you suffered and, if so it will determine how much you are entitled for the damages. Your attorney will argue your case before the jury/judges during the trial. The jury will decide if the defendant is to be held accountable for your injuries or damages. The defense will defend their side and argue why they shouldn't be held accountable for any harm that you may have suffered. The trial process usually begins with each party's attorneys giving opening statements and then speaking with potential jurors to determine who will be competent to decide your case. After the opening statements have been made, the judge reads an instruction to the jury on what they should consider before making their decisions. During the trial, the plaintiff will give evidence, like witnesses, to support the claims they made in their complaint. The defendant will, however, present evidence to discredit those claims. Every side files motions before trial. These are formal requests to the court demand specific actions. These motions can include requests for a certain piece of evidence or an order that requires the defendant to undergo physical examination. After your trial the jury will debate your case and then make a decision on the basis of all evidence presented. If you prevail the trial, the jury will award money for your losses. If you lose the appeal, your opponent will be given the option of filing an appeal. This could take months, or even years. It is a good idea to prepare ahead and take action immediately to safeguard your rights if you realize that your case is headed towards trial. The entire process of trial can be extremely stressful and expensive. The most important thing is to remember that the most effective method to avoid a trial is to resolve your case quickly and with fairness. A skilled personal injury lawyer can assist you in the process and ensure you receive compensation for your losses as fast as possible.