How a Personal Injury Lawsuit Works
If you're the victim of a car accident or slip and fall, or a defective product, a personal injury lawsuit can help get the money you deserve.
A personal injury lawsuit may be filed against any entity who has breached a legal duty of care.
The plaintiff will seek compensation for the expenses they have incurred such as medical bills or lost income, as well as pain and suffering.
Statute of Limitations
If someone else's negligence or intentional act causes injury to you or your family members, you have a legal right to make a personal injury claim. This is referred to as a "claim." However the time you can file a lawsuit is restricted by the statute of limitations.
Every state has a statute of limitations, which sets the time frame for your ability to file claims. This usually takes two years, however some states have shorter deadlines for specific types of cases.
The statute of limitations is a crucial element of the legal process since it permits people to get over civil matters in a timely time. It also stops claims from languishing for a long time which could be a major issue for people who have suffered injuries.
The statute of limitations for personal injuries claims is usually three years from the date of the accident or injury that led to it. There are several exceptions to this general rule, but they can be difficult to comprehend without the help from a skilled lawyer.
The discovery rule is an exception to the statute of limitations. This means that the statute will not run until the person who is injured realizes that their injuries were resulted from or were caused by a wrongful act. This is applicable to a variety of lawsuits which include personal injury, medical malpractice and wrongful death lawsuits.
In most instances, this means that when you are injured by an unintentionally negligent driver and file a lawsuit longer than three years after the accident occurred it is likely to be dismissed. This is because the law expects you to be accountable for your health and well-being.
The three-year personal injury statute doesn't apply to victims who are legally incapacitated or legally incompetent. This means they cannot make legal decisions for themselves. This is a distinct case, so it is always recommended to discuss your personal injury case 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 especially true for medical malpractice cases where it is sometimes difficult to prove negligence.
Complaint
The first step in any personal injury lawsuit is to file a complaint. This document details your allegations and the responsibility of the at-fault party , and the amount you intend to recover in damages. This document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse.
The complaint consists of numbered sentences that explain the court's jurisdiction to hear your case, outline the legal foundations behind your claims, and then state the facts pertaining to your lawsuit. This is an important aspect of your case because it provides the basis for your arguments, and helps the jury understand the facts.
In the beginning of a personal injury complaint the attorney will begin with "jurisdictional allegations." These allegations will inform the judge where you are seeking to sue and will often contain the court's rules or state statutes that permit you to file a lawsuit. These allegations help the judge decide if the court has the authority to take your case to court.
Your attorney will then go into a number of factual assertions that explain the accident, including the extent and when you were injured. These details are crucial to your case as they 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 type and extent of the claim. They could include a breach of contract, violations of the law on consumer protection or other claims you might have against the defendant.
When the court has received the complaint, it will send an order to the defendant, letting them know you're suing them and that they've got a certain amount of time to respond to the suit. If they don't, the defendant can be denied their case.
Your lawyer will then initiate the discovery process to collect evidence from the defendant. It could involve depositions during which the defendant is interrogated under oath.
personal injury law firm skokie will then move into an investigation phase, where the jury will determine the amount you will be awarded. Your personal injury lawyer will present evidence during the trial and the jury will then make their final decision regarding your damages.
Discovery
Discovery is an essential step in any personal injury case. It involves analyzing and gathering all evidence such as witness statements, medical bills, police reports, and other relevant information. Your lawyer must have these documents as soon as possible to make a convincing case for you and defend your rights in court.
Both sides must respond to discovery in writing and under swearing. This will help prevent surprises later in the trial.
This could be a lengthy and challenging process, but it's vital for your lawyer to prepare you for trial. This helps them create a stronger case, and decide which evidence is able to be dropped from the court.
The first step in the discovery process is to exchange all relevant documents. This includes all medical records, reports, as well as photographs related to your injury.
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 be used by your lawyer to demonstrate that the defendant is accountable for your injuries. These documents can also demonstrate the extent of your medical treatment as well as the length of time you were off work due to your injuries.
Your attorney can request that the opposing side admit certain facts during this stage. This will allow them to save time and money in trial. For instance, if you are suffering from an injury prior to the time of trial or illness, you may have to reveal this fact prior to your attorney can prepare for the case.
Depositions are another crucial aspect of the discovery process. They involve witnesses giving evidence under oath about the incident and their role in the lawsuit. This is often the most difficult aspect of discovery, since it can require a lot of time and effort from both sides.
During discovery, an insurance company representing the at-fault party might offer to settle the claim for an acceptable amount. This is done prior to the trial is scheduled. Although this is a typical way to save money and time at trial however, it's by no means a guarantee. Your lawyer can give you their opinion regarding whether the settlement offer is reasonable and will assist you in determining the best way to proceed.
Trial
After being injured in an accident, a personal injury trial is the most frequent kind. This is where your case is presented to an impartial jury or judge. The judge will decide whether the defendant (the one who caused your injuries) should face legal responsibility for your damages and If so, what amount.
Your attorney will present your case to the jury/judges during an investigation. The jury will decide if the defendant should be held accountable for your injuries or damages. The defense will defend their side and argue why they shouldn't be held accountable for your harm.
The trial process typically begins with the attorneys for both sides presenting opening statements. Next, they interview potential jurors to determine who can help decide your case. After the opening statements have been delivered, the judge reads an instruction to the jury on what they must consider before making their decision.
The plaintiff will present evidence at trial including witnesses, that backs their claims. The defendant will offer evidence to discredit the claims.
Each side files motions prior to trial. These are formal motions to the court to request specific actions. These motions could 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 deliberate, or discuss your case and then make a decision based on all the evidence they've heard. If you win the jury will award you compensation for your damages.
If you lose, your opponent could appeal. This could take months or even years. It's a good idea to plan ahead and take steps to safeguard your rights as soon as you know the lawsuit is heading towards trial.
The entire trial process can be very demanding and expensive. The most important thing is to keep in mind that the best way to avoid a trial is to resolve your case quickly and fair. A competent personal injury lawyer will guide you through the process and ensure you receive compensation for your losses as fast as you can.