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How a Personal Injury Lawsuit Works A personal injury lawsuit can assist you in obtaining the compensation you deserve, regardless of whether you were the victim of a car crash or slip and fall. A personal injury lawsuit can be filed against any entity who has violated a legal duty of care. The plaintiff is entitled to damages for any injuries they suffered which include medical bills, loss of earnings, pain and suffering. Statute of Limitations You are legally entitled to file a personal injury lawsuit against someone who has caused you harm due to their negligence or intentional act. This is known as a “claim.” However, the statute of limitations limits your time to bring a lawsuit. Each state has a statute of limitations, which sets the time frame for the time you can make an action. This is usually two years, though some states have longer deadlines for certain types of cases. The statute of limitations is an essential aspect of the legal system because it permits people to get over civil issues in a swift time. It also stops lawsuits from being intractable which can cause major frustration for those who have suffered injury. The statute of limitations for personal injuries claims is usually three years from the date of the injury or accident which caused it. While there are exceptions to this general rule that can be confusing without the help of an experienced lawyer they are generally easy to understand. One exception is the discovery rule, which says that the statute of limitations will not begin until the person who has been injured realizes that their injuries were caused by a negligent act. This applies to all kinds of lawsuits such as medical malpractice, personal injury and wrongful death lawsuits. This means that should you file a suit against a negligent motorist more than three years after the accident and it is likely to be dismissed. This is because the law requires you to assume all responsibility 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, which means that they are not capable of making legal decisions on their own on their own. This is a special case and it is best to discuss your personal injury case with an attorney as soon as you can to ensure that the time limit does not run out. A jury or judge can extend the statute of limitations in specific circumstances. This is especially true in medical malpractice cases where it is difficult to prove negligence. Complaint The first step in any personal injury lawsuit is the filing of an accusation. The complaint will detail your allegations as well as the liability of the party at fault and the amount you'd like to request in damages. Your Queens personal injury lawyer will draft this and then file it with the appropriate courthouse. The complaint is comprised of numbered statements that outline the court's authority to decide on your case, identify the legal theories behind the allegations, and provide the facts that are relevant to your lawsuit. This is a crucial part of the process because it establishes the basis for your arguments and assists the jury understand your case. Your attorney will start with “jurisdictional allegations” in the first paragraph of a personal injury lawsuit. These allegations will inform the judge which court you're seeking justice, and typically include references to state statutes or court rules that allow you to pursue the matter. These allegations assist the judge in deciding if the court has the authority to hear your case. Your lawyer will then look through a series of factual assertions that explain the accident, such as how and the time you were injured. These facts are crucial to your case, as they form the basis for your argument regarding the defendant's negligence , and consequently the liability. Depending on the type of claim, your personal injury lawyer is likely to add other counts to the complaint. These could include breaching contract, violation or other claims that you might have against the defendant. After the court has received the copy, it will issue a summons to the defendant. personal injury lawsuit chico informs the defendant that you're suing them and provides them with an opportunity to respond. The defendant must respond to the complaint within the specified time or they could be subject to being denied their case. Your attorney will start a discovery process which involves obtaining evidence from the defendant. It could include taking depositions in which witnesses are questioned under the oath of the attorney. Your case will then go through an investigation phase, where the jury will decide on your claim. Your personal injury lawyer will present evidence at trial and the jury will take their final decision regarding your damages. Discovery Discovery is a crucial element in any personal injury lawsuit. It involves the gathering and analysis of every piece of evidence in the case such as witness statements as well as medical bills, police reports and much more. Your lawyer must have these documents as soon as possible to create a strong case for you and defend your rights in court. Both sides must respond to discovery in writing and under the oath. This is to keep surprises from occurring later in the trial. It can be a long and difficult process, but it's essential that your lawyer fully prepare you for trial. It also allows them to build a stronger case and determine which evidence can be dismissed or not be considered before going into court. The first step in the discovery process is to exchange all relevant documents. This includes all medical documents, reports, and photographs related to your injury. Attorneys from both sides may request specific information from each other. This can include medical records as well as police reports, accident reports, and lost wages reports. These documents are crucial to your case and can be used by your lawyer to demonstrate that the defendant is responsible for your injuries. These documents also can show the extent of your medical treatment and the amount of time you missed work due to the injuries. During this phase in the process, your lawyer can request that the other side accept certain facts, which can make them more efficient and save money during the trial. You may have to reveal any existing injuries in advance to your attorney to ensure that they can prepare properly. Another important aspect of the discovery process is taking depositions, which involves the witnesses giving a statement under oath concerning the incident at hand and their role in the lawsuit. This is usually the most difficult part of discovery since it can require a lot of energy and time from both parties. During discovery, an insurance company representing the at-fault party could offer to settle the claim in an acceptable amount. This is before a trial is scheduled. This is a typical move to avoid the expense of time and money in an appeal however it isn't an assurance. Your attorney can give you their opinion on whether a settlement offer is reasonable, and can help you determine the best approach to move forward. Trial A personal injury trial is the most popular legal action you may pursue after being injured in an accident. It is the point at where your case is presented to a judge or jury to determine whether the defendant (who caused your injuries) is legally accountable for your damages and, if so it will determine how much you are entitled for those damages. Your lawyer will argue your case before the judge/jury during a trial. The jury will decide if the defendant is to be held responsible for your injuries or damages. The defense will present their side and argue why they shouldn't be held responsible for your harm. The process of trial typically starts with the attorneys of each side making opening statements. The next step is to interview potential jurors in order to determine who is best suited to help determine your case. After the opening statements have been made, the judge gives instructions to the jury regarding what they must do prior to making their decision. During the trial, the plaintiff will give evidence, such as witnesses, that supports the allegations made in their complaint. The defendant, however, will present evidence to debunk those assertions. Every side files motions before trial. These are formal motions to the court to make specific requests. These motions may include requests for evidence or an order that the defendant must undergo a physical exam. After your trial, the jury will deliberate, or debate your case and then make a decision based on the evidence they've been presented with. If you prevail, the jury will award you money to compensate you for the damages. If you lose, your opponent may appeal. This can take months or even years. It's a good idea prepare ahead and take steps to ensure your rights as soon as you know your lawsuit is moving toward trial. The whole process of a trial can be very stressful and expensive. The most important thing to keep in mind that the best way to avoid a trial is to resolve your case quickly and fair. A skilled personal injury lawyer can assist you in the process and make sure you get paid for your losses as fast as is possible.