How a Personal Injury Lawsuit Works Whether you are a victim of a car crash or slip and fall, or a defective product, a personal injury lawsuit can help to receive the compensation you are due A personal injury lawsuit can be filed against any party that has violated a legal duty of care The plaintiff will seek compensation for expenses they have incurred in the form of medical bills or lost income, as well as pain and suffering Statute of Limitations If someone else's carelessness or intentional act causes injury to you legally, you have the right to file a personal injury lawsuit This is called a "claim" However the time frame for filing a lawsuit is restricted by the statute of limitations Each state has its own statute of limitations that sets the time frame for your ability to make a claim This usually takes two years, although some states have shorter deadlines for certain types of cases Because it allows people to settle civil cases quickly, the statute of limitations is an essential element of the legal procedure It also helps to prevent lawsuits from being intractable which could be a major issue for people who have suffered injuries Generally speaking, the statute of limitations for personal injury lawsuits is three years from the date of the accident or injuries which led to the suit There are some exceptions to this general rule, but they can be difficult to understand without the assistance of a knowledgeable lawyer The discovery rule is an exception to the statute of limitations This means that the statute will not run until the person who has suffered an injury realizes that their injuries were resulted from or were caused by a wrongdoing This is true for all types of lawsuits which include medical malpractice, personal injury, and wrongful death claims In the majority of cases, this means that if you are injured by an inexperienced driver and file your lawsuit at least three years after the incident the case is likely to be dismissed This is because the law requires you to take responsibility for your health and well-being The three-year personal injury statute does not apply to victims who are legally incapacitated, or legally incompetent https//vimeocom/707232509 means that they are unable to make legal decisions on their own This is a distinct case, so it is always best to discuss your personal injury matter with an attorney as soon as possible to ensure that the time frame is not surpassed In certain circumstances the statute of limitation may be extended by a judge or jury This is particularly applicable in cases involving medical malpractice where it could be difficult to prove that the medical professional was negligent Complaint The filing of a complaint is the initial step in any personal injury case The complaint will detail your allegations, the at-fault party's liability and how much money you want to ask for in damages This document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse The complaint consists of numbered statements that explain the court's authority to decide on your case, explain the legal basis for your allegations, and outline the facts that are relevant to your lawsuit This is a crucial part of the case as it serves as the basis for your arguments and helps the jury comprehend the case In the beginning of a personal injury lawsuit, your attorney will begin with "jurisdictional allegations" These allegations inform the judge where you are litigating, and frequently include references to state statutes or court rules that allow you to do so These allegations assist the judge to decide if the court has the authority to decide on your case The attorney will then discuss a variety of facts that pertain to the accident, such as the manner and the circumstances in which you were hurt These details are essential to your case because they will form the basis for your argument regarding the defendant's culpability and responsibility Depending on the type of claim the personal injury lawyer will likely add other counts to the complaint This could include breach of contract, violation of the consumer protection law as well as other claims you might have against the defendant Once the court receives the complaint, it will issue an order to the defendant, letting them know you're suing them and that they're given a certain amount of time in which to respond to the suit If they don't, the defendant can have their case dismissed Next, your attorney will begin a process of discovery which involves obtaining evidence from the defendant It could include taking depositionswhere people are asked questions under the oath of the attorney The trial phase of your case will begin with a jury, who will decide the outcome of your recovery Your personal injury lawyer will present evidence during the trial , and the jury will make their final decision regarding your damages Discovery Discovery is a crucial step in any personal injury case This includes gathering and analyzing all evidence that is available, including witness statements medical bills, police reports and other relevant information Your lawyer should have all this information immediately to make a convincing case for you, and to protect your rights in court During discovery the parties are required to submit their responses in writing and under the oath This will help avoid surprises later on in the trial Although it is an extremely long and complex process however, it is crucial that your lawyer prepares you for trial It also helps them construct a stronger defense and determine which evidence should be excluded or thrown out prior to going to the courtroom The first step in the process of discovery is to exchange all relevant documents This includes all relevant medical records, reports, photographs and other documentation relating to your injury Attorneys from both sides can seek specific information from one other This could include medical records as well as police reports, accident reports and reports on lost wages These documents are vital to your case and can be used by your lawyer to establish that the defendant was accountable for your injuries They will also be able to show your medical treatment and the amount of time you worked due to the injuries Your lawyer can request that the opposing party admit certain facts during this phase This will allow them to save time and money in trial You may be required to disclose an injury that is pre-existing to your attorney in order that they can prepare properly Another important aspect of the discovery process is taking depositions, which require witnesses who testify under oath regarding the incident at hand and their involvement in the lawsuit This is typically the most difficult aspect of discovery since it can take a lot of effort and time from both sides During discovery, the party at fault's insurance company might offer to settle the claim for an amount that is reasonable prior to the trial is scheduled in court Although this is a popular method to avoid wasting time and money during trial, it's not a guarantee Your lawyer can provide their opinion on whether a settlement is reasonable, and can help you determine the best method to move forward Trial A personal injury trial is the most commonly-used type of legal action you may pursue after being injured in an accident 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 losses and, if so, the amount Your attorney will present your case to the jury/judges during an investigation The jury will decide if the defendant is to be held responsible for your injuries or damages The defense will present their case and argue why they shouldn't be held responsible for the harm you've suffered The process of trial typically begins with the lawyers for both sides presenting opening statements The next step is to interview potential jurors to determine who will help decide your case After the opening statements have been made, the judge reads an instruction to the jury on what they must consider before making their final decisions The plaintiff will present evidence at trial including witnesses, which supports their claims The defendant however will present evidence to refute the allegations Each side files motions prior to trial These are formal requests to the court to request specific actions These motions may include requests for a particular piece of evidence or an order requiring the defendant to undergo physical examination After your trial the jury will deliberate, or debate, your case and decide on all the evidence they've received If you win, the jury will award money to compensate you for your losses If you lose the case, your opponent will have the opportunity to file an appeal This could take months or even years It's a good idea to plan ahead and take steps to ensure your rights the moment you notice the case is headed towards trial The entire process of a trial could be very stressful and costly It is essential to remember that you can avoid a trial by getting your case settled quickly and in a fair manner A skilled personal injury lawyer will assist you through the legal process and ensure that you get compensation for your damages as soon as is possible