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What is a Personal Injury Lawsuit? If you've been involved in a serious accident or injury it can be difficult to get back to normal. You're in more pain, medical bills mount, and you're not able to work. It is important to know your rights if you've been injured in an accident. A personal injury lawsuit can help you get financial compensation for your losses. What is a lawsuit? A personal injury lawsuit is a legal procedure that permits an injured person to recover compensation for damages caused by the negligence of a third party. If you've been injured in an accident, and negligence of another party resulted in your injuries, you may be entitled to financial recovery from that person for medical costs, lost wages and other expenses. A lawsuit may take a long time, but it is possible to settle many personal injury cases, without having to file one. The settlement process involves discussions with the other side's liability insurance carrier as well as lawyers. If you're thinking of suing for an injury, contact the knowledgeable attorneys at Jaghab, Jaghab & Jaghab, PC to discuss your legal options. During your consultation for free we'll assist you in determining whether you have an appropriate claim and what you may be eligible to receive. The first step is to collect evidence for your case. This could include video footage of the incident, witness statements as well as a doctor's note or any other evidence to back your claim. When we have the evidence to prove your claim, we can make a claim against the responsible parties. The attorney for the plaintiff will utilize this evidence to show that the defendant was negligent in their actions. It is crucial to prove negligence to winning an injury lawsuit. Your lawyer will develop an evidence-based chain of causation to demonstrate how the defendant's negligence directly caused your injuries. personal injury lawyer fort wayne will then present the case before a jury or judge and they will decide if the defendant is liable for any damages. If the jury finds the defendant responsible they will determine how much money you should be awarded for your losses. A personal injury lawsuit could award you non-economic damages. These aren't just economic losses such as medical expenses or lost earnings. This could include physical and mental pain. The amount of damages you can claim in a personal injury case is contingent on the facts of your case. It will vary between states. In some states punitive damages can also be available to those who suffer injury. These damages are intended to penalize the defendant due to their bad conduct and are only awarded if they have caused you significant harm. Who is involved in a lawsuit A personal injury lawsuit is filed against the company or person who caused injury in an accident in a car, slip and fall at work, or any other type of injury. In these cases, a plaintiff may be seeking compensation for medical expenses as well as lost wages, pain and suffering or property damage. In California the law states that a plaintiff who is seeking damages may pursue anyone who caused the harm, whether that's a government institution, a business or individual. However the plaintiff has to prove that the defendant is liable for the damages they sustained. The legal team of plaintiffs will need to examine the incident to collect evidence to prove their case. This means the collection of any incident or police report, as well as witness statements , and taking photos of the scene and damage. The plaintiff will also have to get medical bills, pay stubs, or other evidence of their losses. It can be a long and costly process, therefore it is recommended that you seek out the assistance of an experienced attorney who can represent you in court. Name the right defendants in your lawsuit is a crucial aspect of the process of filing a lawsuit. In many cases, a defendant may be a business or individual who caused the harm, but in other cases it is possible that a defendant would not have been involved in the incident at all. It is vital to know the full legal name and address of the business you are suing in order to add them as defendants in your lawsuit. If you are unsure of the legal name of the company, it is recommended that you seek advice from an attorney prior filing your lawsuit. It is also crucial to inform your insurance company of the complaint and inquire whether any of your existing policies will cover the cost of any damages you are awarded. Most policies will provide coverage if you have a valid claim. A lawsuit is a necessary step to resolve a dispute, despite the possibility of complications. It can be a lengthy and frustrating process, but it can also be essential in ensuring that you receive the compensation you deserve for your injuries. What is the procedure for a lawsuit? A lawsuit could be filed against a person who you believe caused an injury to you. Typically, a lawsuit will begin with a complaint filed in an appropriate court to state the facts of the situation and the amount of money or other “equitable remedy” you would like granted to you. The process of bringing an injury lawsuit for personal injury is often long and complicated. In some cases it is possible to settle the case reached outside of the courtroom. In other situations, a jury trial may be required. A lawsuit typically begins when the plaintiff files a suit in court and serves it to the defendant. The complaint should describe the plaintiff's injuries and the defendant's actions that caused the plaintiff's injuries. Each party is given a time limit to respond to the suit is filed. After this period the court will decide the necessary evidence to decide the case. If a case is ready for trial, a judge will hold an initial hearing to listen to arguments from both sides. After both sides have presented their arguments, a jury will be selected to decide the case. After that, the jury will be deliberating and deciding whether to give damages to the plaintiff or not. Depending on the case the trial could be as short as a few days up to several weeks. At the end of a trial, either party can appeal the decision to an upper court. These courts are referred to as “appellate courts”. They are not required to hold a new trial however they are able to review the evidence and determine whether the lower court erred in making an error of procedure or law that requires an appeals review. The majority of civil cases are settled before ever reaching trial. This is because insurance companies have strong financial incentives to settle civil cases outside of court, instead of putting themselves at risk by suing. If the insurance company refuses to accept a fair settlement offer, it can be worthwhile to file an action before the court. This is particularly true in the case of car accidents, where it can be a major issue for the injured to receive the money they need to pay for their medical expenses. What are my rights in a lawsuit? The best way to understand your legal options is to talk to an experienced New York personal injury lawyer. He or she will pay attention to your story and offer guidance in the event of need. A good attorney will be able to provide all the facts and figures regarding your case, as well as details on other parties. By utilizing the most up to current information about your case The lawyer will determine the most appropriate strategy for your unique case. This includes evaluating the strengths and weaknesses of the opposing party's case, as in determining the likelihood your claim will be granted in the first place. Your legal team will review all medical and financial records that you need to provide to ensure that you have the best possible case. It is recommended to speak with a legal expert about the most appropriate time to submit your case. This is a crucial decision that could significantly affect the amount of money you get in the end. The timeframe will vary depending on the particular case. There are no standard rules, but a reasonable estimate should be within three to six months from the initial consultation.