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How a Personal Injury Lawsuit Works A personal injury lawsuit could aid you in receiving the compensation you deserve regardless of whether or not you were the victim of a car crash or slip and fall. A personal injury lawsuit can be filed against any person who has violated a legal duty of care. The plaintiff will seek damages for any injuries they sustained which include medical bills, lost earnings, pain and suffering. Statute of Limitations When someone else's negligence or intentional act injures you, you have a legal right to pursue a personal injury lawsuit. This is referred to as a “claim.” However the statute of limitations limit the time that you can file a lawsuit. Each state has its own statute of limitations. This makes it difficult to submit a claim. It is typically two years, however some states have longer deadlines for specific kinds of cases. The statute of limitations is an essential element of the legal process because it enables people to resolve civil issues in a swift way. It also helps prevent the lingering of claims which could be a huge source of stress for victims of injuries. Generally speaking, the statute of limitations for personal injury claims is generally three years from the date of the injury or accident that led to the lawsuit. There are several exceptions to this rule but they can be difficult to understand without the assistance of an experienced lawyer. One exception is the discovery rule, which states that the statute of limitations will not be in effect until the injured party realizes that their injuries were resulted from a wrongdoing. This applies to all kinds of lawsuits, like medical malpractice and personal injury. This means that when you file a lawsuit against a negligent driver later than three years after the accident, it will likely be dismissed. This is because the law expects you to be accountable for your health and well-being. Another major exception to the three-year personal injury statute of limitations is if the victim is legally incompetent or incapacitated. This means that they are not capable of making legal decisions on their own behalf. This is a very unique circumstance and it is essential to speak with an attorney right away to ensure that the deadline doesn't run out. A judge or jury may extend the time limit for a statute of limitations in specific circumstances. This is especially applicable in cases of medical malpractice where it can be difficult to prove that the medical professional was negligent. Complaint The first step in any personal injury lawsuit is to file a complaint. The complaint document outlines the allegations you have and the responsibility of the party responsible for the accident and the amount you plan to claim in damages. This document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse. personal injury lawsuit texas is composed of numbered sentences that explain the court's authority to hear your case, identify the legal basis for your allegations, and outline the facts that are relevant to your lawsuit. This is an essential aspect of the case since it is the basis of your arguments and helps the jury understand your case. Your lawyer will start with “jurisdictional allegations” in the first paragraph of an injury lawsuit. These allegations inform the judge where you are seeking to sue, and usually contain references to state laws or court rules that allow you to file a lawsuit. These allegations will help the judge decide whether the court has the authority to decide on your case. Your attorney will then go into a number of factual allegations that describe the accident, including the extent and the time you were injured. These details are essential to your case, as they form the basis for your argument regarding the defendant's negligence , and consequently the liability. Your personal injury lawyer could add additional counts depending on the nature and the extent of the claim. This could include breach of contract, violations of the consumer protection law as well as other claims you might have against the defendant. When the court has received a copy it will issue a summons out to the defendant. This informs the defendant that you are suing them and provides them with an opportunity to reply. The defendant must respond to the suit within the specified time or they'll be at risk of being dismissed from the case. Your attorney will then begin an investigation process to gather evidence from the defendant. It could include taking depositions, in which people are asked questions under the oath of the attorney. Your case will now enter the trial phase, during which the jury will determine your compensation. During the trial your personal lawyer will give evidence to the jury and they'll take the final decision regarding the amount of damages you are entitled to. Discovery Discovery is an essential process in any personal injury case. It involves gathering and analyzing all evidence in the case which includes statements of witnesses and police reports, medical bills and much more. It is essential for your lawyer to get the information as quickly as they can, so that they can put together a strong case on your behalf and defend you in court. During discovery where both sides must provide their answers in writing and under swearing. This helps prevent unexpected surprises later on during the trial. This could be a lengthy and complicated process, however, it is essential that your lawyer fully prepare you for trial. This allows them to build an even stronger case, and determine what evidence can be excluded from court. The first step in the process of discovery is to exchange all relevant documents. This includes all medical records, reports, and photographs related to your injury. Then, attorneys from both sides are able to request specific information from the other side. This can include medical records as well as police reports, accident reports, and lost wage reports. These documents are essential to your case and can be used by your attorney to establish that the defendant was accountable for your injuries. They can also document your medical treatment as well as the amount of time you worked because of your injuries. Your attorney may request that the opposing side acknowledge certain facts during this stage. This will help them save time and money at trial. For example, if you suffer from an injury you have already suffered or illness, you may have to disclose this prior to the trial so that your attorney can properly prepare. Depositions are a crucial part of the discovery process. They require witnesses to provide evidence under oath about the incident and their role in the lawsuit. It's often the most challenging aspect of discoverybecause it can require a lot of time and effort from both sides. During discovery the insurance company representing the party at fault might offer to settle the claim in an acceptable amount. This is done prior to the trial is scheduled. This is a common move to avoid wasting time and money on the trial however, it's not a guarantee. Your attorney will provide an opinion regarding whether the settlement offer is reasonable and will assist you in determining the best approach to take to move forward. Trial A personal injury trial is the most commonly-used type of legal action you can pursue following an injury in an accident. This is where your case is presented to an impartial jury or judge. The judge will decide if the defendant (the one who caused your injuries) is legally responsible for your damages , and If so, how much. Your lawyer will present your case to the judge/jury during the course of a trial. The jury will decide if the defendant is to be held accountable for your injuries or damages. The defense, on the other hand will offer their perspective and try to convince the judge why they shouldn't be held responsible for your injuries. The trial process typically begins with the attorneys on each side making opening statements. The next step is to interview potential jurors to determine who can help determine your case. After the opening statements are given, the judge reads an instruction to the jury on the things they should be considering before making their decisions. During the trial the plaintiff will present evidence, such as witnesses, that supports the assertions made in their complaint. The defendant, however, will present evidence to discredit those claims. Before trial each side of the case files motions , which are formal requests to the court to request specific actions they wish the judge to take. These motions could include requests for a particular piece of evidence or an order requiring the defendant to undergo physical examination. After your trial, the jury will deliberate, or debate the case and decide based on the evidence they've heard. If you prevail the jury will award you money to cover your damages. If you lose the appeal, your opponent will be given the option of filing an appeal. This could take a number of months or even years. It's a good idea to plan ahead and take actions immediately to safeguard your rights if you find that your lawsuit is headed towards trial. The entire trial process can be extremely demanding and expensive. The most important thing to remember that the most effective way to avoid trial is to resolve your case quickly and with fairness. A professional personal injury lawyer with experience can help you through the process and ensure you get paid for your damages as swiftly as you can.