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What is a Personal Injury Lawsuit? It isn't easy to return to normal following a serious accident or injury. Medical bills mount up and you are unable to work, and you have many injuries. It's important to understand your rights if you've been injured in an accident. A personal injury lawsuit can help you obtain the financial compensation you deserve for your losses. What is a lawsuit? A personal injury lawsuit gives an injured person the right to claim compensation for damages resulted from the negligence of another party. If you've been injured in an accident and negligent actions of a person else caused your injuries, you may be eligible for financial recovery from them to cover medical expenses or lost earnings, as well as other expenses. A lawsuit can take a long time, however, it is possible to settle many personal injury cases without having to file one. The settlement process typically involves negotiations with the other party's liability insurance company and attorneys for both sides. If you're thinking of filing a lawsuit to recover compensation for an injury, call the experienced lawyers at Jaghab, Jaghab & Jaghab, PC to discuss your legal options. In your free consultation we'll help you determine whether or not you have a valid claim and the compensation you could be entitled to receive. The first step is to gather evidence for your case. This could include video footage of the incident, witness statements, or any other information that can be able to support your claim. If we have evidence to support your claim, we will make a claim against the accountable parties. The attorney for the plaintiff will utilize this evidence to prove the defendant was negligent in their actions. A personal injury lawsuit is won only if you show negligence. Your lawyer will develop a chain of causality to show how the defendant's negligence directly caused your injuries. Your attorney will present the case to a jury or judge who will decide if the defendant is liable for any damages. If the jury finds the defendant to be responsible they will determine how much money you should be awarded for your losses. A personal injury lawsuit may provide you with non-economic damages. These aren't just economic losses , such as medical bills or lost earnings. This may include mental anguish and physical pain. The amount you'll receive in a personal injury lawsuit depends on the particular facts of your case . It will vary from state to states. Certain states also offer punitive damages for victims of injury. These damages are meant to penalize the defendant due to their actions and are only awarded if they've caused you severe harm. Who is involved in a lawsuit? When a person is injured in a car crash or falls and slips at work, they often file a personal injury lawsuit against the company or person responsible for their injuries. In these cases, a plaintiff may be seeking compensation for their medical expenses and lost wages, as well as pain and suffering or property damage. In California the plaintiff who seeks damages can sue anyone that caused the injury, whether it's an organization, government agency or an individual. The plaintiff must prove that they are responsible for the damages they suffered. A lawyer representing a plaintiff's case must investigate the incident and gather evidence to support their claim. This means the collection of any incident or police report, obtaining witnesses' statements and taking pictures of the scene and the damage. The plaintiff will also have to get medical bills, pay stubs or other evidence of their losses. This is a lengthy and costly procedure, so it is recommended to get the assistance of an experienced lawyer who can represent you in court. Another crucial aspect of the lawsuit is naming the right parties as defendants in your case. A defendant could be a person or company that caused the harm in some cases. In other instances, the defendant might not be involved in any way at all. It is crucial to know the legal name and address of the company you're suing in order to include them as a defendant in your lawsuit. Before filing your lawsuit, consult an attorney if you are not sure about the legal name. It is crucial to inform your insurance company of the complaint and ask them whether any of your existing policies will be able to cover any damages awarded. If you have an outstanding claim, the majority of policies will protect you. Despite the possibility of complications, a lawsuit is usually a necessity to settle any dispute. It can be a long and frustrating process, but it can also be crucial in ensuring that you get the amount you are due for your injuries. What is the procedure for a lawsuit? You can make a claim against someone you believe caused you injury. Typically, a lawsuit begins by filing a complaint in an appropriate court to state the facts of the case and how much money or other “equitable remedy” you would like granted to you. The process of filing an injury lawsuit for personal injury can be lengthy and complicated. In certain cases there is a possibility of a settlement being reached without the need for court. In other situations an appeal to a jury may be necessary. A lawsuit usually starts when the plaintiff files a complaint in a court and then serves it to the defendant. The complaint should describe the plaintiff's injuries as well the actions of the defendant that caused the plaintiff's injuries. Each party is given a time deadline to respond once a suit is filed. After this period the court will decide what evidence is needed in order to decide the case. If a suit is prepared to go to trial Judges will hold an initial hearing to hear arguments from each side. After both sides have presented their arguments the judge will conduct an initial hearing to consider the case. Following this, the jury will then deliberate and decide whether to award damages to the plaintiff or not. Depending on the case, the trial may last from a few days to several weeks. Either party can appeal a decision of a lower court after the conclusion of a trial. These courts are known as “appellate courts.” personal injury attorney sparks required to conduct a new trial, but they are able to look over the evidence and decide whether the lower court committed an error in procedure or law that merits further appellate review. Most civil cases are settled before they ever go to trial. In the majority of instances this is due to the fact that insurance companies have very substantial financial incentive to settle cases outside of court rather than risk the possibility of a lawsuit. If the insurance company does not accept an offer to settle or a settlement offer, it's worth filing an action against the court. This is particularly true in collisions with cars where it could be difficult for the injured party to obtain the funds required to pay medical bills. What are my rights in a lawsuit? Talking to a New York personal injury lawyer is the best way of learning about your legal options. He or she will carefully listen to your account and provide guidance in the event of need. A good lawyer will provide you with all the facts and figures pertaining to your case, in addition to information about other parties. Your lawyer will utilize the most current information to determine the most effective strategy for your case. This includes assessing the strengths as well as the weaknesses and the chances of your claim being granted. Your legal team will discuss all medical and financial data that you have to hand to ensure that you be able to present the most convincing case. It is a good idea to consult with an attorney about the best time for you to file your case. This is an important choice, as it can have a significant impact on the amount of money you receive in the final. The time frame for this will differ depending on the case. There are no set rules however, an appropriate estimate is within three to six month of the initial consultation.