What is a Personal Injury Lawsuit If you've been involved in a serious accident or injury it can be difficult to return to normal Medical bills accumulate over time, you're unable to work and you have many injuries It's essential to know your rights if you've been injured in an accident A personal injury lawsuit may help you recover damages in the form of financial compensation What is a lawsuit A personal injury lawsuit gives an injured person the right to claim compensation for damages resulted from the negligence of another party If you have been injured in an accident and negligent actions of another party caused your injuries, you could be eligible for financial recovery from them to cover medical expenses loss of earnings, medical expenses, and other expenses A lawsuit may take a long time, but it is possible to settle many personal injury cases, without having to file one The settlement process usually involves discussions with the other party's liability insurance provider and attorneys on both sides If you're considering suing over an injury, contact the experienced lawyers at Jaghab, Jaghab amp; Jaghab, PC to discuss your legal options During your consultation for free we'll assist you in determining whether or not you have an adequate claim and what compensation you could be entitled to receive The first step is gathering evidence to support your case This could include video footage of the incident, witness statements or any other information to support you claim Once we have all the evidence necessary to support your claim we can file a lawsuit against those responsible The lawyer representing the plaintiff will use this evidence to prove that the defendant was negligent in their actions It is crucial to prove negligence to winning an injury lawsuit Your lawyer will develop a chain of causation in order to prove that the negligent conduct of the defendant directly caused your injuries Your lawyer 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 determines that the defendant is liable, they'll decide how much amount of money they will award you for your loss In addition to economic losses such as medical bills and lost earnings A personal injury lawsuit could also award you non-economic damages, or pain and suffering This can include physical pain, mental anguish disabilities, disfigurement, disability and more The amount you'll receive in a personal injury case is contingent on the specific facts of your particular case and will vary from state to state Certain states also provide punitive damages to victims of injury These damages are designed to punish the defendant for their bad conduct and are only awarded if they've caused you harm Who is involved in a lawsuit A personal injury lawsuit is filed against the company or person that caused injury in the event of a car accident, a slip and fall at work, or other type of injury In these types of situations the plaintiff could be seeking compensation for their medical expenses, lost wages, injury and suffering, or property damage In California the plaintiff who is seeking damages may sue anyone that caused the injuries, whether it's a business, government institution or individual The plaintiff must prove they are responsible for the damages they suffered The legal team representing the plaintiff must investigate the accident to gather evidence to back their case This includes the collection of any police report or incident report as well as witness statements and taking photographs of the scene and the damage The plaintiff will also have to get medical bills, pay stubs, or other proof of their losses This can be a complicated and expensive process, so it is suggested that you seek the help of an experienced attorney who will represent you in the court Selecting the right defendants for your lawsuit is a crucial aspect of a lawsuit A defendant could be a person or company that caused the injury in certain cases In other cases the defendant may not be involved in any way at all It is crucial to know the legal name and address of the business that you are suing to add them as defendants in your lawsuit If you're not sure about the legal name, it is recommended to seek advice from an attorney prior filing your lawsuit It is essential to inform your insurance provider of the claim and ask them if any of your policies will pay for any damages that you are awarded If https//vimeocom/707394329 have an outstanding claim, the majority of policies will cover you Despite the potential for issues, a lawsuit usually a necessity to settle disputes It can be a long and tedious process, but it can also be essential in ensuring that you get the amount you are due for your injury What is the procedure of a lawsuit A lawsuit can be filed against someone whom you believe caused injury to you Generally, a lawsuit begins with a complaint filed with a court which details the facts of the situation and the amount of money or other "equitable remedy" you wish to be granted to you It can be a challenge and time-consuming to file a personal injury case In some instances there is a possibility of a settlement being reached outside of the courtroom In other instances there will be a jury trial be required Usually, a lawsuit begins when the plaintiff files a complaint in a court and serve it on the defendant The complaint must detail the plaintiff's injuries as well as the defendant's actions that caused them Once a suit has been filed, both parties are given a specific amount of time to respond After this time, the court will determine the required evidence to determine the case When a suit is set for trial, a judge will hold an initial hearing to listen to arguments from both sides After both sides have presented their arguments and arguments, a jury will be chosen to hear the case The jury will then consider and decide whether or not to award damages to the plaintiff Based on the circumstances the trial can take anywhere from a few days to several weeks Either party can appeal a ruling of the lower court after the conclusion of a trial These courts are known as "appellate courts" They aren't required to hold a new trial, but they are able to look over the evidence and decide whether the lower court made an error of law or procedure that warrants further appellate review Most civil cases are settled before they ever get to trial In the majority of cases this is due to the fact that insurance companies have very strong financial incentive to settle cases outside of court instead of putting themselves in the possibility of a lawsuit If the insurance company refuses to make an acceptable settlement offer, it might be worthwhile to file legal action in court This is particularly true for collisions with cars where it could be a problem for the injured party to obtain the funds required to cover medical bills What are my rights in a lawsuit The best way to grasp your legal options is to speak to an experienced New York personal injury lawyer He or she will listen to your story and provide advice as needed A good lawyer will provide you with the facts and figures related to your case, as well as details on the other parties involved Utilizing the most up-to recent information regarding your case The lawyer will determine the best approach for your particular case This includes evaluating the strengths and weaknesses of the other parties' case, as being able to determine the likelihood your claim will be granted in the first place Your legal team will discuss all the relevant financial and medical evidence you're able to handle to construct an effective case that increases your chances of success It is recommended to consult with an attorney regarding the best time for you to start your case This is a crucial choice that could affect the amount of money you receive in the end The time frame for this will differ dependent on the specific case There are no set rules however, a reasonable estimate should be within three to six months of the initial consultation