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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 permits victims to seek financial compensation for the reputational, mental or physical damage caused by actions or inactions of another. The amount of damages you could expect to receive depends on the extent of your injuries. There are two types of damages: general and special. Damages A lawsuit is filed to recover damages in the event that a person gets hurt or property is damaged. This is a form of tort law in which a person (the plaintiff) claims monetary compensation for the harm they have suffered as a result of the negligence of another's actions or negligence. Personal lawsuits involving injuries can result in a variety of damages including compensatory and punitive damages. Both types of damages award money depending on the extent of damage caused by the defendant's negligence or intentional actions. Compensatory damages, or “economic damages,” reimburse the plaintiff for the expenses and losses that result from the accident. These types of damages are usually granted to victims of auto collisions or trucking accidents, slip and falls, or other accidents that result in financial loss or physical injuries. These awards are intended to help the victim financially healthy after an incident. They could be based on the loss of wages, medical bills and rehabilitation costs. They may also be used to pay for emotional pain, mental anguish and loss of enjoyment. In the event of serious injuries, such as brain trauma or broken limbs, these awards are often more expensive than those for less severe injuries. This is because such injuries typically have a high medical expense and a long recovery period. The amount of compensation for economic losses is contingent on how serious the injury was and is difficult to calculate. For this reason, it is important to keep accurate records of your losses and expenses. This will allow your attorney to determine the true worth of your claim. Your chances of receiving complete reimbursement from your insurance company can be increased by having a complete record of your medical expenses. Non-economic damages, also known as “pain and suffering,” are more difficult to quantify. Because suffering and pain often includes both emotional and physical pain, it's harder to quantify. These injuries can be anything from embarrassment to depression or PTSD (Post-Traumatic Stress Disorder). A lawyer can assist you in determining the proper amount of non-economic damages, and then present an argument that is convincing to obtain it. They will examine the records of your doctor and interview witnesses to determine the extent of your suffering, pain and loss. They will then give this evidence to jurors during the trial. Statute of limitations Every state has laws that set specific time limits for filing various types of claims. Personal injury lawsuits generally allow for a 2 year time limit to file an action against someone who has caused harm to your family or yourself. The time limits are intended to stop lawsuits from dragging on indefinitely, and to encourage potential claimants to not delay in making their claims. This is because evidence could be lost or fade away over time and it becomes difficult to prove a claim in court. Although the statute of limitations isn't always easy to understand, it is important to know that the clock starts to tick at the time you were injured or your claim was first discovered. This is referred to as the “discovery rule.” As you can see, the time limit for making a claim for personal injury can vary widely from state to state. The exact time frame for your particular circumstance will depend on a variety of factors such as the nature of the claim you're filing and where you reside. The standard timeframe for personal injuries claims in Pennsylvania is two years. This starts at the time of your injury. However, there are exceptions to this limit that may extend or decrease the deadline. The discovery rule is among the most well-known exceptions. The rule of discovery states that you have to file a claim within the certain time after you are successful in proving that your injury was the result of negligence. It is essential to talk with an experienced lawyer if you are unsure when the time limit will start in your case. They can provide you with advice on your rights and assist you obtain the compensation you need after you've suffered injuries due to the negligence or reckless actions of someone else. Furthermore, the statutes of limitations may be tolled (put on hold) in a number of situations. This can be the case in cases where the plaintiff was minor and the defendant was not in the state at the time that the accident took place. Tolling or suspending the statute of limitations can help protect you legal rights and help ensure that you get the justice you deserve when injured due to the negligence of another. Preparation A successful personal injury case requires a lot of preparation. You must be prepared to present a strong case, and you should have the right lawyer by your side. A good personal injury lawyer will have a plan for presenting your case in court and determining if the defendant is responsible. They will also have a plan to bargain with the defendant and ensure that you receive the most 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 think about and a variety of strategies that defendants could employ to delay or stall your case. The most important aspect of the process is the time frame of your claim. You must submit your lawsuit within the deadline set by your state's statute of limitations or else you risk being denied the claim. The other important aspect of the preparation process is crafting a convincing argument. This could include proving that the defendant was negligent or that their actions caused your injuries. This is a critical part of any successful claim and should be the primary focus of your attorney during the initial meeting prior to litigation. Other elements of a successful case include an extensive list of damages as well as an exact timeline of your injury's progression. A successful claim will ensure that you receive the most compensation for your injuries, medical expenses, and loss of income. Engaging with a skilled personal injury lawyer as soon as you have your accident is the best method to ensure you receive the maximum amount of compensation from your claim. Trial The majority of personal injury disputes can be resolved with settlements. personal injury law firm new bedford are usually reached through negotiations between the parties. However, some cases end up in court. This involves arguing the case to jurors or judges who decides if the defendant is responsible for the plaintiffs' injuries and what compensation they should get. To begin the trial process we must file a complaint which outlines what happened and names the person you want compensation from. The document is given to the defendant, and they must then respond to your lawsuit. Your attorney will then go through the discovery phase of your case. This allows both sides to exchange evidence including witness testimony documents, photographs, and video footage of the scene of the accident. It also includes taking depositions, interviews under oath, and physical examinations. Now comes the actual trial. This is where the lawyers from both sides give their arguments and evidence before the judge. First, each side will be asked to make an opening statement , in which they will outline the facts of their case. Based on the size of each case and the number of witnesses, this could take between 30 and 45 minutes per side. Then the sides will give their closing statements before the jury. These may last for up to a couple of minutes and they will also discuss their claims and damages. The judge will then issue instructions to the jury which will detail the legal requirements they have to follow to reach a decision. The jury will then consider the evidence and then make a final decision regarding your case, which will be reported back to the judge to be considered. If they reach a verdict favorable to you they will award you the verdict. If they come down in favor of the defendant the jury will not grant you a verdict, and your case will be dismissed.