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How to File a Personal Injury Lawsuit The legal system can make someone accountable for compensation if their negligence caused your injury. The compensation is based on your economic and noneconomic losses. The majority of injury claims are settled outside of court. However, there are cases that require an investigation. These trials can be complicated and long-winded. Statute of Limitations A statute of limitations sets deadlines for when you are able to make a claim against a person or a company over an injury. The statutes of limitations create fairness and practicality to ensure that legal proceedings do not go on forever. In the majority of personal injury cases, the statute of limitation runs when you are injured. However, certain states and circumstances have exceptions that can delay or stop the duration of the statute of limitations. If you are diagnosed with mesothelioma (which is caused by asbestos) the statute of limitations won't begin until you have discovered or should have realized that your cancer was linked to asbestos present in your home. If you file your claim after the statute of limitations has expired it is likely your lawsuit will be dismissed. Additionally, the insurance company of the company or person who caused your injury will not negotiate with you if they believe your lawsuit is not legitimate. If you're unsure if your case is within the statute of limitations it is crucial to seek legal advice from a knowledgeable New York personal injury attorney. We can help you file your case within the appropriate time frame to ensure that you receive the maximum amount of compensation. Our firm can review your case and determine if you can benefit from an exemption that could delay or extend the time. Preparation Many accident victims are uncertain about the lawsuit process and the length of time it will take. Our firm will meet with you and explain the entire process. We can also help you understand how you can prepare for your first appointment with your attorney. This will require gathering evidence such as medical bills and receipts as well as time stubs which show the amount you've lost in wages and other important documents to support your claim. We will then use this information to assess your current losses such as medical expenses as well as property damage and suffering and pain. Your attorney will use this evidence to negotiate with the insurance company of the party who is at fault. If you're not satisfied with the settlement, the case will go to court. When you are preparing your case, you must refrain from discussing the details of your injuries on social media or on other public forums. This will ensure that you are not making statements that contradict each other and could affect your claim. Also, it is crucial to adhere to the treatment plan your physician has prescribed. Failure to do so may result in the court reducing your compensation. Your lawyer will have to conduct depositions as well as request records from the defendant. This can take a considerable time depending on the complexity of your case. If an agreement is not reached during the discovery phase, a trial should be scheduled. Discovery If you've been to a courtroom, you've likely seen lawyers pushing Samsonite catalog cases and pushing folding carts filled with cardboard boxes. These boxes and cases contain the pleadings, case papers and other documents gathered during the discovery process. This is arguably the most important aspect of your personal injury lawsuit. The discovery phase permits every party in a lawsuit to request information regarding the other party, such as documents, physical proof and witness testimony. It is essential to collaborate with a knowledgeable lawyer to create the right strategy for discovery that will reveal as much admissible and relevant information as you can while also safeguarding your private and confidential information. During the discovery process during the discovery process, your lawyer will ask the defendant for documents that relate to your claim, such as financial statements emails, letters, receipts and photos. Your lawyer will also ask the defendant to provide any physical evidence like medical equipment, a vehicle, etc. Your lawyer will then send the defendant interrogatories, which are a series of questions. The defendant must respond to these questions in writing and under oath. You will also have the opportunity to give evidence in your own deposition. The deposition will be conducted in the presence of a court reporter as well as your attorney. If a settlement deal is not reached during the discovery phase the lawyer will file a “notice of issue” and a “statement of readiness” which basically informs the judge that you are prepared to go to trial. Trial After your lawyer has all the relevant information gathered, they'll prepare a summons as well as a complaint against the party that injured you (known as the defendant). The Complaint details your allegations regarding the manner in which your injury occurred, how much harm it caused you and your family members, including loss of wages and medical expenses. It also states your expectations of getting compensation for your injuries and suffering, as well as mental anguish, disfigurement, and loss of enjoyment life. In certain cases you may be able to claim compensation for emotional distress and loss of intimacy with your spouse. The defendant then has to retain an attorney and file an answer to your Complaint within a specified time frame (usually 30 days). In their Answer, the Defendant will admit to or deny the allegations in your Complaint. personal injury lawyer attorney will also argue arguments to explain why they shouldn't be held liable for the injuries you sustained. The next step is the trial. In a trial, your lawyer will explain the facts of your case before an impartial jury or judge based on evidence collected throughout your case. The attorney representing the defense for the defendant will then present their case. The jury or judge will decide if the defendant is responsible for the accident and injuries you suffered, and if so, what amount they must pay. If you're unable to reach a settlement in court and the case is subject to appeals should it be necessary.