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How a Personal Injury Lawsuit Works If you're the victim of a car accident, a slip and fall, or defective product, a personal injury lawsuit can help to receive the compensation you are due. A personal injury lawsuit can be filed against any person who has breached the legal duty of care. The plaintiff is entitled to damages for any injuries they have sustained such as medical bills, loss of earnings, and pain and suffering. Statute of Limitations If someone else's negligence or intentional act injures you or your family members, you have a legal right to make a personal injury claim. This is called a “claim.” However, your time to file a lawsuit is limited by the statute of limitations. Each state has its own statute of limitations. This restricts your ability to submit claims. It usually is two years, however a few states have longer deadlines for certain types of cases. The statute of limitations is a key aspect of the legal system since it permits people to move on from civil disputes in a timely way. It prevents the claims from languishing for too long, which could create frustration for the parties who have suffered. Generally speaking, the statute of limitations for personal injury claims is three years from the date of the accident or injuries that triggered the suit. There are many exceptions to this rule however, they are difficult to understand without the assistance of an experienced lawyer. The discovery rule is an exception to the statute of limitations. This means that the statute of limitations will not run until the person who is injured realizes that their injuries were caused or aggravated by a negligent act. This is true for all types of lawsuits such as personal injury, medical malpractice and wrongful deaths. In most cases, this means should you be injured by a negligent driver and file a lawsuit more than three years after the accident the case will most likely be dismissed. This is because the law requires that you take full responsibility for your health and well-being. Another reason to consider the three-year personal injury limitation period is when the victim is legally incompetent or incapacitated, meaning that they are unable of making legal decisions on their own behalf. This is a special case therefore it is best to discuss your personal injury case with an attorney as soon as you can to ensure that the deadline is not surpassed. A judge or jury can extend the statute of limitations in certain circumstances. This is particularly true for medical malpractice cases in which it is difficult to prove negligence. Complaint The first step in any personal injury lawsuit is filing a complaint. The complaint document will outline your claims as well as the liability of the party at fault and the amount you'd like to claim in damages. The document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse. The complaint consists of number-coded sentences that explain the court's authority to decide on your case, define the legal reasoning behind your allegations, and outline the facts relevant to your lawsuit. This is an important part of your argument since it serves as the basis for your arguments and assists jurors in understanding the facts. In the opening paragraphs of a personal injury claim the lawyer will begin with “jurisdictional allegations.” These allegations will tell the judge the place you're litigating and typically include references to court rules or state statutes that permit you to pursue the matter. These allegations can help the judge decide whether the court has the power to decide on your case. Your attorney will then go into a number of factual assertions that explain the accident, including how and the time that you were injured. These details are crucial to your case as they will provide the basis for your argument about the defendant's negligence and therefore the responsibility. Your personal injury lawyer could include additional charges based on the nature and the extent of the claim. These could include breaching contract, violation or other claims you may have against the defendant. After the court has received a copy it will send a summons out to the defendant. This informs them that you're suing them and gives them the opportunity to respond within a certain time. The defendant must respond to the suit within the time frame or they risk being dismissed from the case. Then, your attorney will begin a process of discovery that will require evidence from the defendant. This could involve depositions in which the defendant is interrogated under the oath. The trial phase of your case will commence with a jury, who will determine the outcome of your case. Your personal lawyer for injury will present evidence at trial and the jury will make a final decision about the amount of your damages. Discovery Discovery is a critical step in any personal injury lawsuit. This includes gathering and analyzing all evidence such as witness statements, medical bills, police reports and other relevant information. It is essential for your lawyer to obtain the information as quickly as they can, so that they can create a strong case on your behalf and protect your rights in court. Both sides must respond to the discovery in writing and under swearing. This can help avoid surprises later in the trial. Although this can be an extremely long and complex process however, it is crucial that your lawyer prepares you for trial. This helps them create an argument that is stronger, and determine which evidence can be thrown out of court. The first step in the discovery process is to exchange all relevant documents. This includes all medical documents, reports, and photos related to your injuries. The next step is that attorneys from both sides are entitled to request specific information from the other side. This could include medical records and police reports, accident reports, and lost wage reports. These documents are crucial to your case, and can aid your lawyer in proving that the defendant was responsible for your injuries. These documents also can show the extent of your medical treatment as well as how long you were absent from work due to injuries. In this phase the attorney may also request that the opposing side acknowledge certain facts, which will save time and money at trial. You may have to reveal an injury that is pre-existing to your attorney to ensure that they can properly prepare. Another important aspect of the discovery process is taking depositions, which require people testifying under oath about the incident at hand and their involvement in the lawsuit. It's usually the most difficult aspect of discovery, since it requires a lot of time and effort from both sides. During discovery, the at-fault party's insurance company may offer to settle the claim for an amount of money before a trial is held in the court. This is a standard practice to avoid wasting time and money in an appeal, but it's never a guarantee. Your attorney can give you their opinion on whether a settlement is fairand will advise you on the best way to move forward. Trial After being injured in an accident, a personal injury trial is the most popular type. It is the point at which your case is heard by an arbitrator or judge to determine if the defendant (who caused your injuries) is legally accountable for the damages you suffered and, if yes it will determine how much you are entitled for the damages. Your attorney will argue your case before the jury/judges during an investigation. The jury will decide if the defendant should be held responsible for your injuries or damages. The defense on the other hand, will present their version of the story and try to show why they shouldn't be held accountable for your injury. The trial process typically begins by the attorneys of both parties giving opening statements, and then interviewing potential jurors to determine who will be able to help decide your case. After the opening statements are given, the judge reads the jury an instruction on the things they should be considering before making their decisions. During the trial the plaintiff will provide evidence, including witnesses, to support the assertions made in their complaint. The defendant, however, will present evidence to debunk those claims. Before trial every side in the case files motions – formal requests to the court for specific actions they wish the judge to take. personal injury attorney knoxville can include requests for specific pieces of evidence or an order requiring the defendant to undergo a physical examination. After your trial the jury will deliberate or discuss, your case and make a decision based on the evidence they've heard. If you win, the jury will award you money for your losses. If you lose, your opponent will have the chance to file an appeal. This could take months or even years. It's best to think ahead and make steps to defend your rights immediately you learn that your case is heading towards trial. The entire trial process can be very stressful and expensive. It is essential to remember that you can avoid trial by having your case settled quickly and fairly. A skilled personal injury lawyer will guide you through the process and make sure that you receive the compensation you deserve for your injuries as soon as you can.