How to File a Personal Injury Lawsuit

The judicial system may determine that someone is liable for compensation if their negligence caused your injury. This compensation will cover both your economic and non-economic damages.

Many injury claims result in settlements outside of court. There are a few cases that require an appeal to a judge. These trials can be complex and long-winded.

Statute of Limitations

A statute of limitations imposes deadlines for when you can make a claim against a person or a company in the event of an injury. The statutes of limitation create fairness and practicality so that legal actions do not drag on indefinitely.

In most personal injury cases, the statute of limitations begins running after you have suffered an injury. Some states and situations may have exceptions to the statute of limitations that may delay or even stop it. For instance, if you have been diagnosed with an illness such as mesothelioma caused by asbestos exposure the statute of limitations is not set to begin until you find or have realized that your cancer was connected to the asbestos present in your home.

If you file a lawsuit after the statute of limitations has expired the case 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 valid.

If you're unsure if your case is covered by the statute of limitations it is essential to seek legal advice from a New York personal injury lawyer. At Goidel & Siegel, we will make sure that your case is filed within a reasonable timeframe to give you the chance to receive full compensation. Our firm can also examine your case to determine if it could benefit from an exemption that could delay or even stop the time frame.

Preparation

Many victims of accidents are confused about the process of filing a lawsuit and the length of time it will take. Our firm will sit down with you and explain the whole process. We also will be able to explain how to prepare for your first meeting with your attorney. This will need you to gather information such as medical receipts and bills, time stubs showing the amount of money you've lost, as well as other important documents that prove your claim.

We will then make use of this information to calculate your current losses, such as medical expenses along with property damage, pain and suffering. Your lawyer will use this evidence to negotiate with the at-fault person's insurance company. If you're unhappy with the settlement, the case will go to court.

When you are preparing your case, you should avoid discussing any aspect of your injuries on social media or other forums for personal injury lawsuit public discussion. This will help you avoid any conflicting statements that could harm your case. Also, it is important to adhere to the treatment plan that your doctor has prescribed. If you do not follow the plan with the plan, the court could reduce the amount you are awarded.

Your lawyer will have to conduct depositions and demand documents from defendants. This could take a lengthy time depending on the complexity of your case. If an agreement cannot be reached during the discovery process the trial will have to be scheduled.

Discovery

If you've been in a courtroom, you've likely witnessed lawyers moving around Samsonite catalog cases and pushing carts filled with cardboard boxes. These cases and boxes are filled with pleadings and case documents obtained in what is arguably the most crucial aspect of your personal injury case--the discovery process.

The purpose of the discovery process is to permit each of the parties to a lawsuit to seek information from the other party to the lawsuit, including physical evidence, documents, and witness testimony. It is important to collaborate with an experienced injury lawyer to develop a discovery strategy from the outset that uncovers as much admissible, relevant information as possible and protects your confidential and protected information.

During the discovery stage, your injury attorney will request that the defendant provide documents that are relevant to your claim, such as financial statements and emails or letters, receipts and photos. Your lawyer will also request the defendant for access to any physical evidence such as an automobile, piece of medical equipment, and more. Your lawyer will also provide the defendant with a set of questions referred to as interrogatories. The defendant is required to answer these questions in writing and under the oath.

You will also be given the opportunity to testify in your own deposition. This will take place in the presence of a court reporter and your attorney. If a settlement cannot be reached during the discovery stage and your lawyer is unable to reach a settlement, they will file a document referred to as "notice of issue" and "statement of readiness" that basically informs the court that you are ready for trial.

Trial

After your lawyer has gathered all of the information and has filed a summons and complaint (also called a defendant) against the person who injured you. The complaint will detail your allegations regarding the manner in which your injury occurred, how much harm it caused to you and your family, including the loss of wages and medical expenses. The Complaint also states you're hoping to receive compensation for suffering and pain mental anguish, disfigurement, and loss of enjoyment in life. In certain circumstances, compensation may be available for emotional distress or loss of friendship between you and your spouse.

The defendant will then need to retain an attorney and file an answer to your Complaint within the specified period of time (usually 30 days). In their Answer, they will either acknowledge or deny the allegations. They will also present arguments to explain why they shouldn't have been held accountable for your injuries.

The next step is a trial. Your lawyer will make use of evidence from your case to present facts of your case before a judge or jury at trial. The lawyer representing the defendant will put on their defense. Ultimately, the judge or jury will decide whether the defendant is responsible for your injuries and accidents and, if they are what amount they have to pay you. If a settlement can't be reached in court, your case will go to appeals, if necessary.