How https//vimeocom/707417306 If you're a victim of a car accident or slip and fall, or defective product A personal injury lawsuit can help get the money you deserve Anyone who has violated an obligation of law can be sued for personal injury The plaintiff will seek damages for any injuries they sustained which include medical bills, loss of earnings, and pain and suffering Statute of Limitations If someone else's carelessness or intentional act causes harm to you and you are injured, you have the legal right to pursue a personal injury lawsuit This is referred to as a "claim" However the time you can file a lawsuit is restricted by the statute of limitations Each state has its own statute of limitations that imposes an exact time frame for your ability to submit an action It usually is two years, but certain states have longer deadlines for certain kinds of cases The statute of limitations is a key aspect of the legal system because it enables people to resolve civil cases in a timely manner It also prevents claims from languishing for a long time which can cause major frustration for people who have suffered injuries Generally speaking, the statute limitations for personal injury claims is three years from the date of the incident that triggered the suit There are a few exceptions to this general rule, but they can be difficult to comprehend without the assistance of an experienced lawyer The discovery rule is an exception to the statute of limitations This means that the statute will not be in effect until the injured person discovers that their injuries were caused or aggravated by a negligent act This applies to all kinds of lawsuits, including medical malpractice, personal injury and wrongful deaths In most instances, this means that should you be injured by a negligent driver and file your lawsuit at least three years after the incident it is likely to be dismissed This is because the law requires you to assume full responsibility 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 are unable to make legal decisions on their own This is a specific case and it's best to discuss your personal injury matter with an attorney as soon as you can to ensure that the time frame does not expire In certain situations the statute of limitations can be extended by a jury or judge This is especially true for medical malpractice cases, where it can be difficult to prove negligence Complaint The filing of a complaint is the initial step in any personal injury case The complaint outlines the allegations you have and the liability of the person at fault and the amount you'd like to request in damages The document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse The complaint consists of numbered declarations that define the court's authority to decide on your case, define the legal foundations behind your claims, and then state the facts pertaining to your lawsuit This is a crucial part of your case since it serves as the foundation for your arguments, and assists the jury in understanding the facts Your attorney will start with "jurisdictional allegations" in the first paragraph of the personal injury lawsuit These allegations will inform the judge in which court you are litigating and typically include the court's rules or state statutes that permit you to file such a suit These allegations help the judge determine if the court has the power to consider your case Your attorney will then dive into a variety of factual allegations that describe the incident, including how and the time that you were injured These facts are crucial to your case because they provide the basis for your argument that the defendant was negligent and therefore accountable Based on the nature of claim the personal injury lawyer may add additional charges to the complaint This could include the breach of contract, violation of the law on consumer protection and other claims you might have against the defendant When the court has received a copy, it will issue a summons out to the defendant The summons informs them that you're suing them and gives them a time limit to respond The defendant must respond to the lawsuit within the time frame or they'll risk having their case dismissed Then, your attorney will begin a discovery procedure that involves gathering evidence from the defendant This could include depositions in where the defendant is challenged under oath The trial phase of your case will commence and a jury will decide on the final result of your recovery During the trial your personal injury lawyer will provide evidence to the jury, and they will make their final decision about your damages Discovery Discovery is a critical step in any personal injury lawsuit It involves the gathering and analysis of all evidence that is relevant to the case which includes statements of witnesses as well as police reports, medical bills and more Your lawyer should have this information available as soon as possible to present a strong argument for you and protect your rights in court During discovery the parties are required to give their answers in writing and under the oath This helps prevent unexpected surprises later on during the trial This can be a lengthy and complex process, but it's essential for your lawyer to thoroughly prepare your case for trial This will allow them to construct an impressive case and decide which evidence is able to be dropped from the court The first step of the discovery process involves exchanging all relevant documents This includes all medical records, reports, as well as photographs related to your injury Attorneys from both sides can seek specific information from one other This can include medical records and police reports, accident reports and reports on lost wages These documents are crucial to your case and they can help your lawyer prove that the defendant was accountable for your injuries They will also be able to show your medical treatment and the amount of time you were off work due to your injuries Your lawyer can request that the opposing party admit certain facts during this phase This will help them 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 disclose this prior to the trial so that your attorney can prepare for the case Depositions are an additional aspect of the discovery process They require witnesses to give testimony under oath about the incident and their roles in the lawsuit It's usually the most difficult aspect of discovery, as it requires a lot of time and effort from both parties During discovery, the party at fault's insurance company may offer to settle the claim with a fair amount before trial in the court This is a standard practice to avoid spending time and money for an appeal however, it's not an assurance Your lawyer will give you an opinion on whether the settlement offer is fair and help you decide on the best approach to take to move forward Trial After being injured in an accident the personal injury trial is the most common type The case is heard by a judge or jury The judge will decide whether the defendant the one who caused your injuries should face legal responsibility for your damages and in the event that they do, what amount Your attorney will argue your case before the jury or judge in the trial The jury will decide if the defendant should be held accountable for your injuries or damages The defense will argue their case and argue why they shouldn't be held responsible for any harm that you may have suffered The trial process typically starts with the attorneys of each side making opening statements The next step is to interview potential jurors to decide who will assist in deciding your case After the opening statements are given, the judge will read the jury an instruction on the things they should be considering before making their decision The plaintiff will present evidence during the trial, including witnesses, that support their assertions The defendant will, however, present evidence to discredit those claims Before trial at trial, both sides of the case files motions , which are formal motions to the court asking for specific actions they would like the judge to take These motions may contain requests for evidence or an order that the defendant undergo a physical examination After your trial the jury will debate your case and make a decision on the basis of the evidence If you prevail the jury will award you money to cover your damages If you lose the case, your opponent will have the option of filing an appeal This could take months or even years It's important to prepare ahead and take steps to safeguard your rights as soon as you know your case is heading towards trial The whole process of trial can be very stressful and expensive The most important thing to remember that the best method to avoid trial is to settle your case quickly and fairly A skilled personal injury lawyer can assist you in the process and make sure you are compensated for your injuries as soon as possible