What is Personal Injury Litigation Personal injury litigation is a procedure which can be initiated in the event that a person suffers injuries as a result of another's negligence It permits people to seek financial compensation for mental, physical, and reputational damage caused by others' actions or actions The amount of damages you can expect to receive depends on the extent of your injuries Damages are classified into two categories general and special Damages When a person is injured or their property damaged, they often make a claim to recover damages This is a kind of tort law in which the plaintiff seeks financial compensation for the harm they've endured as a result of the wrong actions or negligence of a person There are various types of damages that are recoverable in personal injury litigation which include punitive and compensatory damages Both kinds of damages are based on the extent of harm caused by a defendant's negligence or intentional action Compensatory damages, also known as "economic damages," reimburse the plaintiff for their expenses and losses that result from the accident This type of damages are typically given to victims of car accidents or trucking collisions or slip and falls or other incidents that result in financial losses or physical injuries These awards are intended to make the victim financially healthy after an incident They may include lost wages, medical bills as well as rehabilitation costs They can also be used to pay for mental anguish, pain, and loss of enjoyment In cases of serious injuries, such as broken limbs or brain trauma they are usually significantly higher than those for less severe injuries This is because such injuries typically have a high medical cost and a lengthy recovery time The amount of compensation you receive for economic damages is contingent upon how serious the injury was and is difficult to determine It is crucial to keep detailed accounts of your losses and expenses This will allow your attorney to determine the true worth of your claim Your chances of getting full reimbursement from your insurance company could be increased by keeping a detailed record of your medical expenses Non-economic damages, or "pain and suffering," are more difficult to quantify Because suffering and pain often includes both emotional and physical pain, it can be harder to quantify These can cause depression, embarrassment, as well as PTSD Post-Traumatic Stress disorder A lawyer can help determine the appropriate amount of your non-economic damages and make a strong argument to obtain it They will look over your medical records and speak with witnesses to document the extent of your pain, suffering and loss During https//vimeocom/707417306 , they'll be able to present this evidence to jurors Statute of limitations Each state has its own laws which set specific time frames for filing different kinds of claims For personal injury litigation the law generally allows for a two year time frame for bringing an action against someone for inflicting harm on you or your loved family members These time limitations are designed to prevent lawsuits dragging on for a long time, and to make it easier for potential claimants to not delay in seeking to pursue their claims This is due to the fact that evidence can be lost or fade away over time , making it difficult to prove a case in court While the statute of limitations may be confusing, it is important to be aware that the clock begins to tick at the time you are injured or your claim is discovered This is called the "discovery rule" As you can see, the timeframe for filing a personal injury claim can differ from one state another The exact deadline for your particular situation will depend on many factors such as the type of claim you're making and where you live The standard time period for personal injury claims in Pennsylvania is two years The time period begins at the time of your injury There are some exceptions to this rule that allow you to extend or shorten the deadline The discovery rule is one of the most popular exceptions The discovery rule states that you have to file a claim within a specified time after you are successful in proving that your injury was the result of negligence It is essential to speak with an experienced lawyer if there is a doubt about when the time limit will be set in your case They can guide you about your rights and help you obtain the compensation you require after having been injured due to the negligence or reckless actions of a third party Furthermore, the statute of limitations can be tolled put on hold in a number of circumstances This is the case when the plaintiff was minor and the defendant wasn't in the condition at the time the accident took place Tolling or suspending the statute of limitations can help you protect your legal rights and ensure that get the justice you are entitled to after being injured by the negligence of another Preparation A successful personal injury lawsuit requires preparation You must be prepared to make a convincing case and have the right lawyer on your side A reputable personal injury lawyer will draft an action plan to present your case to the court and determine whether the defendant was responsible They will also have a strategy to negotiate with the defendant and make sure you receive the maximum amount of compensation for your injuries When you are dealing with the personal injury matter the process of litigation may seem daunting There are a lot of variables to consider as well as a variety of strategies that defendants can use to delay or even derail your case The most important aspect of the process of preparing is the speed of your claim The statutes of limitation in your state require you to submit your lawsuit within the time limit or your claim could be dismissed Another important component of the preparation is a convincing and well-written claim It could be a matter of proving the defendant was negligent or that their actions caused your injuries This is a critical part of any successful claim and should be the primary focus of your attorney during pre-litigation meetings Other aspects of a successful claim include an exhaustive list of damages and an extensive timeline of the progression of your injury A successful claim will ensure that you receive maximum compensation for your injuries, medical expenses, and loss of income Engaging with a skilled personal injury lawyer immediately after your accident is the best method to ensure you receive the maximum amount of compensation from your claim Trial The majority of personal injury disputes resolve themselves through settlements, which are usually the result of negotiations between the parties However some cases end up in court which is a procedure which involves arguing the case before a jury or judge who decides if the defendant is responsible for the plaintiff's injuries and also the amount of compensation they should receive We have to file a formal complaint outlining the events that occurred and naming person you are seeking compensation This document is served to the defendant, and they must then respond to your lawsuit Your attorney will then enter the discovery phase of your case This will allow both parties to exchange evidence, including witness testimony, documents, photographs and video footage of the scene of the accident This includes depositions, interview, and physical examinations After all of the preparation is done After all of this preparation is completed, it's time to go to trial This is when the lawyers from both sides will present their evidence and arguments before an impartial judge Each side will first be required to make an opening statement, during which they will explain the facts of their case Depending on the size of each case and the number of witnesses, this might take between 30 to 45 minutes per side Then, both sides will present their closing statements before the jury They may last some minutes or more, and they will discuss their claims and damages The judge will then give instructions to the jury which will outline the legal rules they need to follow in order to reach a verdict The jury will then consider the evidence and then make a final decision on your case, which will be reported to the judge for his consideration If they come to a decision favorable to you they will then give you the verdict If they are in the favor of the defendant the jury will not grant you a verdict and your case will be dismissed