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How to File a Personal Injury Lawsuit

The judicial system may be able to hold someone accountable for a payment in the event of negligence that led to your injury. This compensation will be able to cover the economic and non-economic damages.

personal injury lawyers of injury claims are settled outside of court. However, there are still cases that require a trial. These trials can be complicated and time-consuming.

Statute of limitations

A statute of limitations sets deadlines for when you are able to sue an individual or a firm for injury. Statutes of limitations are intended to ensure that legal proceedings do not extend indefinitely.

In most personal injury claims the statute of limitations begins to run when you are injured. However, some states and situations have exceptions that may delay or even halt the duration of the statute of limitations. For example, if you are diagnosed with a disease like mesothelioma, which is caused by asbestos exposure the statute of limitations does not start to run until you find or have discovered that your cancer is linked to asbestos in your home.

If you make a claim after the statute of limitations has expired, your lawsuit will likely be dismissed. Additionally the insurance company of the person or company who caused your injury will not be negotiating with you if they believe the lawsuit is not legal.

If you are unsure whether your case falls within the time limit, it is important to seek legal advice from an experienced New York personal injury attorney. At Goidel & Siegel, we will ensure that your case is filed within the appropriate timeframe to give you a chance to receive full compensation. Our firm will examine your case and determine whether you may benefit from an exemption that could delay or extend the time.

Preparation

Many victims of accidents are confused about the lawsuit process and how long it will take. Our firm can sit down with you and provide a detailed explanation of what you can expect. We can also provide guidance on how to prepare yourself for your first appointment with your attorney. This will involve gathering documents such as medical bills and receipts as well as time stubs that show how much you’ve paid in wages, and other crucial documents to support your claim.

Once we have gathered all the necessary information, it will be used to establish your current losses, including medical expenses, property damage and suffering and pain. Your lawyer will use this evidence when negotiating with the insurance company of the person who is responsible. If a fair settlement agreement is not reached, your case will be taken to court.

When you are preparing your case you must refrain from discussing any aspect of your injuries on social media or other forums for public discussion. This will help to avoid any contradictory statements that could damage your claim. Also, it is crucial to follow the treatment plan that your doctor has prescribed. Inadequate follow-up could result in the court reducing your award.

Your lawyer will have to conduct depositions, and obtain records from defendants. This could take a long duration, depending on the nature of your case. If an agreement cannot be reached during the discovery phase, a trial should be scheduled.

Discovery

You’ve probably seen lawyers push folding carts with cardboard boxes and Samsonite catalogs in courtrooms. These cases and boxes contain the pleadings, case papers and other information obtained during the discovery process. It’s the most important aspect of your personal injuries lawsuit.

The goal of the discovery phase is to permit each of the parties to an action to request information from the other plaintiff that includes documents, evidence in physical form, and witness testimony. It is crucial to collaborate with a knowledgeable lawyer to create a plan to discover the most relevant and admissible information as you can, while also protecting your confidential and private information.

During the discovery phase the attorney for your injury will request that the defendant submit documents that are relevant to your claim, such as emails and financial statements, letters, receipts and photographs. The lawyer will ask the defendant to provide any evidence that is physical, such as a vehicle, medical equipment and so on. Your lawyer will also provide the defendant with a set of questions known as interrogatories. The defendant is required to answer these questions in writing and under oath.

You will be able to give a testimony at your own deposition. The deposition will be conducted in the presence of your attorney and an official from the court. If a settlement is not reached in the discovery phase the lawyer will file a document called “notice of issue” and “statement of readiness” which basically informs the court that you are prepared for trial.

Trial

After your lawyer has gathered all the relevant information they will file a summons and complaint (also called a defendant) against the person who injured you. The complaint outlines your claims regarding the circumstances that led to your injury and the harm caused to the family members and you which includes lost wages, medical expenses and mental anxiety. It also outlines your expectations of being compensated for your discomfort and suffering, disfigurement, mental anguish and loss of enjoyment life. In certain cases, you might also be able to seek compensation for emotional distress or loss of connection with your spouse.

The defendant then has to hire an attorney, and submit an answer to your Complaint in a certain timeframe (usually 30 days). In their Answer, they will either accept or deny your claims. They will also provide arguments as to why they shouldn’t been held accountable for your injuries.

The next step is trial. Your lawyer will make use of evidence from your case to present the evidence in your case to jurors or a judge during trial. The attorney representing the defendant will present their defense. The judge or jury will decide if the defendant is responsible for the accident and injuries you suffered, and if so and what amount they should pay. If a settlement can’t be reached in the court, your case will be referred to appeals if needed.