What is Personal Injury Litigation?
Personal injury litigation is a procedure which can be initiated when a person has sustained injuries due to another party's negligence. It allows people to seek compensation in the form of money for physical, mental, and reputational damage caused by other people's actions or inactions.
The severity of your injuries will determine the extent of damages that you can expect. There are two types of damages: special and general.
Damages
When a person is injured or their property damaged, they usually bring a lawsuit in order to recover damages. This is a type of tort law, in which the person (the plaintiff) seeks financial compensation for the harm they have suffered as a result of the negligence of another's actions or negligence.
There are many types of damages that can be sought in personal injury lawsuits including punitive and compensatory damages. Both types of damages are awarded based on the level of damage caused by the defendant's negligent or intentional act.
Compensatory damages (or "economic damages") are granted to the plaintiff to cover their expenses and losses due to the accident. This type of compensation is typically granted to victims of trucking crashes, slip-and falls, and other accidents that cause physical injuries or financial loss.
These awards are designed to help a person become financially sound again after the incident occurred, and they may cover medical expenses loss of wages, rehabilitation costs. They can also be used to compensate for mental anguish, pain, and loss of enjoyment.
The amount of compensation is usually more expensive for serious injuries such as brain trauma or broken legs. This is because these injuries often have a high medical cost and a lengthy recovery time.
The amount of economic damages will depend on the degree of the injury. It isn't easy to estimate. For this reason, it is essential to keep good documentation of your expenses and loss.
This will assist your attorney determine the true value of your claim. A well-documented history of your medical expenses and other losses will increase your chances of receiving a full reimbursement from your insurance company.
Non-economic damages, or "pain and suffering" are more difficult to quantify. Since suffering and pain typically encompasses both physical as well as emotional pain, it can be harder to quantify. These damages can include depression, embarrassment, and PTSD (Post-Traumatic Stress disorder).
A lawyer can help determine the right amount of your non-economic losses and develop a convincing argument for obtaining it. They will look over your medical records and speak with witnesses to record the amount of your pain, suffering, and loss. During the trial, they'll provide this evidence to jurors.
Statute of limitations
Each state has its own laws , which establish specific time limits for filing various types of claims. Personal injury litigation generally allows for a 2 year time period for filing an action against someone who has caused harm to your family or yourself.
The time limits are intended to prevent lawsuits dragging on indefinitely, and to make it easier for potential claimants to not delay in making their claims. This is because evidence could get lost or become stale over time , making it difficult to prove a claim in the court.
Although the statute of limitations can be confusing, it's important that you understand that the clock begins ticking when you're injured or your claim is discovered. This is called the "discovery rule."
As you can see, the time limit for filing a personal injury claim will vary from state to state. The exact time limit for your particular circumstance will depend on several factors, including the nature of the claim you're making and where you live.
In Pennsylvania the standard timeframe for personal injury claims is usually two years from the date of your injury. There are some exceptions to this rule that can extend or shorten the deadline.
The discovery rule is among the most well-known exceptions. The discovery rule states that you must submit a claim within a specified time after you are able to prove that your injury was the result of negligence.
It is essential to speak with an experienced lawyer if you're not sure when the deadline will begin in your particular case. They can guide you about your rights and help you get the money you require after having suffered injuries due to the negligence or reckless actions of another person.
In certain situations the statute may be removed or put on hold. These include situations where the plaintiff is a minor and a defendant was not in the state when the accident took place. By tolling or suspending the statute of limitations can help protect you legal rights and ensure you get the justice that you deserve when you're hurt due to the negligence or carelessness of another.
Preparation
The preparation is the most important factor in the successful settlement of personal injury claims. You must be prepared to present a compelling case and have the right lawyer on your side.
A good personal injury lawyer will create a plan to present your case in court and determine whether the defendant is at fault. They will also have a plan to bargain with the defendant and make sure you receive the maximum compensation for your injuries.
The process of suing can be daunting when it concerns a personal injury case. There are numerous factors to consider , as well as a myriad of tactics that defendants may employ to delay or stall your case.
The most important element of the process is the time frame of your claim. Your state's statutes of limitations dictate that you must submit your lawsuit within the prescribed time or your claim could be dismissed.
Another crucial element of preparation is to have a compelling and well-written claim. This could include proving that the defendant was negligent or that their actions caused your injuries. This is a crucial aspect of any successful claim and should be the primary goal of your attorney during the pre-litigation meeting. A comprehensive list of the damages you have suffered and a timeline detailing the progression of your injury are also aspects of a successful case. A successful claim will ensure that you receive maximum compensation for your injuries, medical expenses, and loss of income. Speak to a seasoned personal injury lawyer as soon as you have your accident is the best way to make sure you receive the maximum benefit from your claim.
Trial
Most personal injury disputes can be resolved by settlements. They are usually reached through negotiations between the parties. However, some cases end up in court which is a procedure that involves arguing the case before a jury or judge who decides if the defendant is accountable for the plaintiff's injuries, and the amount of compensation they are entitled to.
To begin the trial process, we must file a complaint that details what occurred and names the person you want compensation from. This document is sent to the defendant, and they must reply to your lawsuit.
Following that, your attorney will enter into the process of determining the facts of your case called discovery. This will allow both parties to exchange evidence, including witness testimony, documents, photographs and video footage of the scene. Also, depositions are taken and interviews under oath and physical examinations.
Now comes the actual trial. This is when the attorneys from both sides present their arguments and evidence before the judge.
Each side will first be asked to make an opening statement, where they will outline the facts of their case. Based on the size of each case and the number of witnesses, this might take between 30 and 45 minutes per side.
personal injury law firm federal way will then hear the closing arguments of both sides. The closing statements could last up to a couple of minutes and they will go over their claims and damages. The judge will then give instructions for the jury. They will be provided with the legal guidelines they must adhere to when making a decision.
The jury will then deliberate and come to a decision regarding your case. This will be reported back to the judge for his consideration. If they decide that you are in your favor they will then give you a verdict. If they are in the favor of the defendant, they will not award you a verdict and your case will be dismissed.