What is a Personal Injury Lawsuit When you've been involved in an accident that is serious or has caused injury it can be a challenge to get back to normal Medical bills pile up over time, you're unable to work and you're in plenty of pain If you have been injured in an accident, it is important to know your rights A personal injury lawsuit may assist you in obtaining damages in the form of financial compensation What is https//vimeocom/707232884 A personal injury lawsuit allows an injured person the right to seek compensation for damages resulted from the negligence of a third party If you've been injured by accident and the negligence of another party caused your injuries, you could be able to claim financial compensation from them for medical expenses as well as lost earnings and other expenses While a lawsuit may be lengthy, it's possible to settle many personal injury cases without filing one The settlement process typically involves discussions with the other party's liability insurance provider and attorneys for both parties Jaghab, Jaghab amp; Jaghab, PC can help you consider your legal options when you're considering filing a lawsuit for injury In your free consultation, we'll help you determine whether or not you have an adequate claim and what compensation you might be eligible to receive Find evidence to support your case This could include video footage of the incident, witness statements or any other information that will be able to support your claim Once we have all the evidence necessary to prove your case, we can begin a lawsuit against those responsible This evidence will be used by the plaintiff's lawyer to demonstrate that the defendant was negligent A personal injury lawsuit can be won if you show negligence Your lawyer will establish an evidence-based chain of causation to demonstrate how the defendant's negligence directly caused your injuries Your attorney will then present your case before a judge or jury who will decide if the defendant has been found responsible for your damages If the jury finds that the defendant is responsible, they will decide how much money you should be awarded for your losses A personal injury lawsuit could be awarded non-economic damages These aren't just financial losses such as medical bills or lost earnings This can include physical pain, mental anguish disfigurement, disability, and much more The amount of damages you will receive in a personal injury lawsuit is contingent on the facts of your case It will differ between states In certain states there are punitive damages that are available to those who suffer injury These damages are intended to penalize the defendant for their behavior They are only awarded if they've caused severe harm to you Who is involved in a lawsuit A personal injury lawsuit is filed against the business or individual that caused injury in the event of a car accident, a slip and fall at work, or other kind of injury In these types of situations, a plaintiff may be seeking compensation for their medical expenses loss of wages, injury and suffering, or property damage In California the state of California, a plaintiff seeks damages can sue anyone that caused the harm, whether that's an organization, government agency or individual The plaintiff must prove they are liable for the damage they suffered A plaintiff's legal team must investigate the incident and gather evidence to support their claim This includes obtaining any police or incident report, getting witness statements and taking photographs of the scene and the damage The plaintiff will also need to collect any medical bills, pay stubs, or other evidence of their losses This can be a difficult and costly process so it is best that you seek the help of an experienced attorney who will represent you in court Identifying the correct defendants in your lawsuit is a crucial aspect of the process of filing a lawsuit A defendant could be a person or company that caused the harm in certain cases In other cases, the defendant might not have been involved at all If you are suing a business it is essential to be aware of their full legal name and address in order to add them as defendants in your case Before you file your lawsuit, consult an attorney if you are not sure of the legal name It is also essential to inform your insurance provider of the complaint and ask them whether any of your current policies will cover the cost of any damages that you receive If you have a valid claim, most policies will cover you Despite the potential for problems, a lawsuit is often a necessary step in resolving a dispute Although it can be stressful and time-consuming, it can help you receive the compensation you're entitled to for your injuries What is the process for a lawsuit A lawsuit may be filed against someone who you believe caused an injury to you Generally, a lawsuit begins with a complaint filed with a court which details the facts of the case and how much money or other "equitable remedy" you wish to be granted to you The process of filing a personal injury lawsuit is often long and complicated In some instances the settlement can be reached outside of court In other situations an appeal to a jury will be required Typically, a lawsuit starts when the plaintiff files a complaint before a court and is served with it on the defendant The complaint must describe the events that led to plaintiff's injuries, as well being able to explain how the actions of the defendant resulted in the injuries Each party is given a time period to respond following the suit is filed After this time, the court will determine the evidence needed in order to decide the case A judge will conduct a preliminary hearing to listen to the arguments of each side once the suit is ready to go to trial Once both sides have made their arguments then a jury will be chosen to hear the case The jury will consider and decide whether to award damages to the plaintiff or not The trial could last anywhere from a few days to several weeks, based on the case A party may appeal a decision of a lower court at the end of the trial These courts are referred to as "appellate courts" They aren't required to conduct a new trial, but they can look over the evidence and decide whether the lower court committed an error of law or procedure that warrants an appellate review The majority of civil cases are settled before ever reaching trial This is due to the fact that insurance companies have strong financial incentives to settle civil cases outside of court instead of putting themselves at risk by suing However, if the insurance company refuses to make an acceptable settlement offer, it can be a good idea to take a lawsuit to the court This is particularly true in car accidents where it can be a problem for the injured party to get the money necessary to pay medical bills What are my rights in a case The best way to grasp your legal options is to speak to an experienced New York personal injury lawyer They will listen to your story and provide assistance if needed A good attorney will provide you with all the facts and figures pertaining to your case, as well as details on other parties Your lawyer will utilize the most recent information to determine the best strategy for your case This includes evaluating the strengths and weaknesses of the opposing parties' case, as being able to determine the likelihood your claim will be awarded in the first place Your legal team will review the medical and financial information that you must provide in order for you to get the best possible outcome It is also a good idea to consult with a legal professional regarding the best time to start your case This is a crucial decision that will affect the amount of money you receive in the end The timeframe will vary depending on the case There are no standard guidelines however it is reasonable to assume that the time frame should be within three to six month of the initial consultation