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How to File a Personal Injury Lawsuit

If someone else's negligence caused injury, the judicial system could hold them accountable for compensation for your loss. The compensation is based on both economic and non-economic losses.

Many injuries are resolved with settlements out of court. However, there are personal injury attorneys nyc that require an investigation. These trials can be complicated and long-winded.

Statute of limitations

A statute of limitation imposes deadlines for when you are able to sue an individual or a company for a wrongful act. Statutes of limitations are designed to ensure that legal proceedings don't take forever to complete.

In the majority personal injury lawsuits, the statute of limitation begins to run when you're injured. Certain states and scenarios may have exceptions to the statute of limitations, which could delay or stop it. For instance, if you are diagnosed with a disease like mesothelioma caused by exposure to asbestos the statute of limitation does not begin to run until you have discovered or have discovered that your cancer was connected to the asbestos that was in your home.

If you make a claim after the statute has expired It is likely that your lawsuit will be dismissed. The insurance company of the person who injured you could also refuse to discuss your claim when they are aware your claim is not valid.

If you're not sure whether your case falls under the statute of limitations It is crucial to seek legal advice from an experienced New York personal injury lawyer. At Goidel & Siegel, we can ensure that your case is filed within the appropriate period of time to give you the chance to receive complete compensation. Our firm can also review your case to determine if it would benefit from an exception that could prolong or stop the time frame.

Preparation

Many victims of accidents have questions about the legal procedure and the length of time it will be able to complete. Our firm will meet with you and explain the entire process. We can also help to help you prepare for your first meeting with your attorney. This will include gathering evidence such as medical bills and receipts and time stubs to show how much you've paid in wages and other important documents to support your claim.

We will then use this information to assess the current losses you are facing, including medical costs as well as property damage and pain and suffering. Your lawyer will use this evidence to discuss the issue with the at-fault side's insurance company. If you're unhappy with the settlement, the case will be taken to court.

When you are preparing your case, not discuss any aspect of your injuries on social media or on other public forums. This will help to avoid any contradictory assertions that could undermine your claim. It is also very important to follow any treatment plan that your doctor has prescribed to you. Inability to follow the plan could result in the court reducing your compensation.

Your lawyer must conduct depositions, and obtain documents from defendants. This could take a long time, based on the complexity of your case. If an agreement cannot be reached during the discovery process, a trial will need to be scheduled.

Discovery

You've probably seen lawyers push folding carts with cardboard boxes and Samsonite catalogs in courtrooms. These cases and boxes are filled with documents and pleadings that were obtained during arguably the most important element of your personal injury case--the discovery process.

The purpose of the discovery phase is to allow each party to a lawsuit to request information from the other party to the lawsuit such as physical evidence, documents, and witness testimony. It is important to collaborate with an experienced attorney to build a discovery plan at the beginning, which reveals as much admissible and relevant information as is feasible and safeguards your confidential and confidential information.

During the discovery phase the attorney for your injury will ask the defendant to provide evidence that is relevant to your claim, including financial statements and emails as well as receipts, letters, and photographs. Your lawyer will request the defendant to provide any evidence that is physical like medical equipment, a vehicle and so on. Your lawyer will also send the defendant a series of questions known as interrogatories. These questions require the defendant to answer them in writing under an oath.

You will have the chance to be a witness at your own deposition. This will be done in the presence of a court reporter and your attorney. If no settlement is reached in the discovery phase and your lawyer is unable to reach a settlement, they will file a document referred to as "notice of issue" and "statement of readiness" which basically informs the court that you are ready for trial.

Trial

After your lawyer has gathered all of the information they will file a summons and complaint (also called a defendant) against the person who injured you. The complaint will detail your allegations regarding the manner in which your injury occurred and the harm it caused to you and your family members, including the loss of wages and medical expenses. The complaint also states that you're expecting to be compensated for the pain and suffering, mental anguish, disfigurement and loss of enjoyment in your life. In some cases you may be eligible for compensation for emotional distress or loss of relationship between you and your spouse.

The defendant will then need to engage an attorney and submit an Answer to your Complaint within a specified period of time, typically 30 days. In their Answer, the defendant will either deny or admit the allegations in your Complaint. They will also offer arguments to why they shouldn't have been held accountable for your injuries.

The next step is a trial. Your attorney will present the facts of your case to a judge or jury using evidence collected throughout your case. The attorney representing the defense for the defendant will present their argument. In the end, the judge or jury will determine whether the defendant is accountable for your injuries and accident and, if so, how much they are required to pay you. If you are unable to negotiate a settlement with the court the case will be taken up for appeals when necessary.