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What is Personal Injury Litigation? Personal injury litigation is a procedure that can occur when a person has suffered injuries because of another's negligence. It allows people to seek monetary compensation for mental, physical and reputational harms caused by the actions of others or inactions. The severity of your injuries will determine the amount of damages that you can expect. There are two types of damages: special and general. Damages If someone is injured or their property is damaged, they often file a lawsuit to recover damages. This is a kind of tort law, where the plaintiff seeks financial compensation for the harm that they endured as a result of the wrong acts or negligence of another person. There are several types of damages that are recoverable in personal injury litigation which include punitive and compensatory damages. Both types of damages are based on the extent of harm caused by the defendant’s negligence or intentional action. Compensatory damages (or “economic damages”) are awarded to the plaintiff in order to pay for their losses and expenses caused by the accident. This type of damages are typically awarded to the victims of car accidents or trucking collisions, slip and fall accidents, or other incidents which result in financial loss or physical injuries. These awards are designed to make a person financially healthy again following the incident, and they may include medical expenses, lost wages, and rehabilitation costs. They also aim to compensate for pain and suffering, mental anguish, and the loss of enjoyment. These awards are often more expensive for serious injuries such as brain trauma or broken legs. This is because these injuries usually have a significant medical expense and a lengthy recovery period. The amount of compensation you receive for economic damages is contingent upon how serious the injury was and can be difficult to determine. Therefore, it is essential to keep good documentation of your expenses and losses. This will allow your attorney to determine the true amount and 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. It is harder to calculate non-economic damages or “pain and suffering”. This is due to the fact that suffering and pain typically involves physical and emotional pain. The damages can range from embarrassment to depression or PTSD (Post-Traumatic Stress Disorder). A lawyer can help you determine the right amount of your non-economic losses and create a compelling case to obtain it. They will go through your doctor's records and interview witnesses to record the extent of your pain, suffering and loss. During trial, they'll be able to present the information to jurors. Statute of limitations Each state has its own laws , which establish certain time frames for filing different types of claims. Personal injury lawsuits generally allow for a two-year time limit to file an action against someone who caused harm to you or your family. The time limits are designed to prevent lawsuits from going on indefinitely and to encourage potential claimants to make their claims earlier rather than later. The reason is that with time evidence may disappear or stale and a case is difficult to prove in court. Although the statute of limitations may be confusing, it's important that you understand that the clock begins ticking at the time you are harmed or your claim is first discovered. This is referred to as the “discovery rule.” As you can see, the time frame for filing a personal injury claim can differ from one state to another. The exact duration for your particular case will depend on a number of factors such as the nature of the claim you're filing and the location you reside in. The typical time frame for personal injury claims in Pennsylvania is two years. The time period begins at the time of your injury. However, there are exceptions to this limit which can extend or reduce the deadline. The discovery rule is one of the most well-known exceptions. The discovery rule states that you have to make a claim within a specific time frame after you are in a position to prove that your injury was caused by negligence. It is essential to talk with an experienced lawyer if there is a doubt about when the deadline will start in your case. personal injury attorney new york can give you advice about your rights and help you get the money you need after you've been injured as a result of the negligence or reckless actions of a third party. In certain circumstances the statute may be suspended or waived. This is the case when a plaintiff is a minor and a defendant was not in the state at the time the incident occurred. In addition, a suspension or tolling of the statute of limitations can help you protect your legal rights and help ensure that you get the justice that you deserve when you're hurt due to the negligence or carelessness of another. Preparation A successful personal injury case requires a lot of preparation. You must be prepared to present a compelling case and have the right lawyer by your side. A reputable personal injury lawyer will prepare an action plan to present your case in court and determine if the defendant is responsible. They will also have a plan to negotiate with the defendant to ensure you get the most of compensation for your injuries. When you are dealing with a personal injury case the process of suing may seem daunting. There are many factors to take into consideration and a myriad of strategies that defendants might employ to delay or delay your case. The most important aspect of the process is the timeframe of your claim. You must submit your lawsuit within the legal time limit set by your state's statute of limitations or else you risk being denied the claim. Another essential aspect of preparation is a compelling and well-written claim. This could include proving that the defendant was negligent or that their actions led to your injuries. This is an essential part of any successful claim. It must be the primary concern of your attorney during pre meeting with the court. Other aspects of a successful case include an extensive list of damages and an in-depth time-line of your injury's progress. The most important aspect of a successful claim is making sure that you get the maximum amount of compensation for your injuries, medical expenses , and loss of income. Contacting a knowledgeable personal injury lawyer as soon as you have your accident is the best way to make sure that you get the most benefit from your claim. Trial The majority of personal injury disputes settle themselves through settlements, which are usually the result of negotiations between the parties. Certain cases end up in court. This involves arguing the case to jurors or judges who decides if the defendant is responsible for the plaintiff's injuries and the amount of compensation they are entitled to. We have to file a formal complaint outlining what transpired and naming the person from whom you seek compensation. This document is sent to the defendant, and they must respond to your lawsuit. Then, your lawyer will then enter into the process of determining the facts of the case, which is known as discovery. This permits both sides to share evidence like witness testimony, documents and photographs of the scene of the accident. This includes depositions, interviews, and physical examinations. It's time to get ready for the actual trial. This is when the lawyers from both sides argue their case and present evidence to a judge or jury. First, each side will get to give an opening statement , in which they will outline the facts of their case. Depending on the size of the case and the number of witnesses, this can take between 30 to 45 minutes per side. The jury will then hear the closing arguments of both sides. These closing statements could be short or long and will address their claims and damages. The judge will then give instructions for the jury. They will be provided with the legal standards they need to adhere to in order to reach a verdict. The jury will then deliberate on your case before making an announcement. This decision will be reported back the judge for consideration. If they find favorable to you they will issue a verdict. If they decide in favor of the defendant the jury will not grant you a verdict and your case will be dismissed.