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What is a Personal Injury Lawsuit? When you've been involved in an accident that's serious or caused injury it can be a challenge to return to normal. Medical bills mount up, you miss work and you're in lots of pain. It's crucial to know your rights when you've been injured in an accident. A personal injury lawsuit can assist you in obtaining the financial compensation you deserve for your losses. What is a lawsuit? A personal injury lawsuit gives the person who has been injured to seek compensation for any damages caused due to the negligence of a third party. If you've suffered injuries in an accident and the wrongful actions of another party caused your injuries, you could be entitled to financial recovery from the person responsible for medical costs in addition to lost wages and other expenses. A lawsuit can take a long time, but it is possible to settle many personal injury cases without having to file one. The process of settlement usually involves negotiations with the liability insurance company as well as attorneys for both sides. Jaghab, Jaghab & Jaghab, PC can help you explore your legal options if you are considering suing for injuries. During your no-cost consultation we'll help you determine whether or not you have an adequate claim and what compensation you could be entitled to receive. Find evidence to support your claim. This could include video footage of the incident, witness statements, or any other information to help you prove your claim. Once we have all the evidence to support your claim , we can bring a lawsuit against the parties accountable. The evidence will be used by the plaintiff's lawyer to demonstrate that the defendant was negligent. Proving negligence is the most important step to winning an injury lawsuit. Your lawyer will develop a chain of causality to demonstrate how the negligence of the defendant directly caused your injuries. Your lawyer will then take your case to a jury or judge who will decide if the defendant is responsible for your damages. If the jury finds the defendant to be responsible and decides on how much money you should be awarded for your losses. A personal injury lawsuit could award you non-economic damages. These are not just economic losses such as medical expenses or lost earnings. This could include disfigurement, physical pain and mental anguish. The amount of damages you will receive in a personal injury case is dependent on the circumstances of your case. It will differ from state to state. Certain states also offer punitive damages to victims of injury. These damages are intended to penalize the defendants for their bad behavior and can only be awarded if they've caused a significant injury to you. Who is involved in a lawsuit? A personal injury lawsuit is filed against the person or company who caused injury in the course of a car crash, slip and fall at work, or any other type of injury. These cases can be filed by a plaintiff seeking to recover for medical expenses, lost wages, or property damage. California law allows plaintiffs to sue any individual who caused their injuries. However the plaintiff must prove that the defendant is responsible for the damage they suffered. A plaintiff's legal team will need to look into the accident and gather evidence to support their claim. This means finding any police report, incident report, obtaining witness statements, and taking pictures of the accident scene and the damage. The plaintiff will also have to get medical bills, pay stubs or other evidence of their losses. This can be a complicated and costly process , so it is suggested that you seek the assistance of an experienced attorney who will represent you in the court. Another important aspect of the lawsuit is to identify the correct defendants in your case. In many cases, a defendant can be a person , or a business who has caused the harm, but in some cases, a defendant might not have been involved in the incident in any way. It is essential to know the full legal name and address of a company that you are suing to add them as defendants in your lawsuit. If you are unsure of the legal name, it is best to get some advice from an attorney prior filing your lawsuit. It is also important to inform your insurance provider about the claim and ask them whether any of your existing policies will cover the cost of any damages you're awarded. If you have a valid claim, most policies will be able to cover the cost. A lawsuit can be a necessary step to resolve disputes, despite the possibility of complications. Although it can be stressful and long-winded, it can help you get the compensation you are entitled to for your injuries. What is the procedure for a lawsuit? You may make a claim against anyone who you believe has caused you injury. A lawsuit is usually filed in court using a complaint that outlines the facts of the case. It is also stated how much money or other “equitable remedy you'd prefer to receive.” It can be difficult and time-consuming to file a personal injury case. In some instances, a settlement may be reached out of the court. In other situations an appeal to a jury will be required. Typically, a lawsuit starts when the plaintiff files a complaint with the court, and then serve it on the defendant. The complaint should describe the plaintiff's injuries, as well as the defendant's actions that caused them. Each party is given a deadline to respond once a suit is filed. After this time, the court will determine the necessary evidence to determine the case. If a case is ready for trial the judge 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. The jury will then deliberate and decide whether or not to award damages to the plaintiff. Depending on the case, the trial may last from a few days to a few weeks. The parties can appeal a decision made by the lower court at the conclusion of an appeal. These courts are known as “appellate courts.” They are not required to conduct a new trial, but they may review the record and determine whether the lower court made an error in law or procedure that warrants further appellate review. Most civil cases are settled before they ever get to trial. This is due to the fact that insurance companies have strong financial incentives to settle civil cases outside of court, instead of putting themselves at risk by suing. However, if the insurance company is unable to make an acceptable settlement offer, it can often be worth taking an action before the court. personal injury attorney college station is especially true in car accidents , where it may be a problem for the injured party to obtain the funds required to pay for medical expenses. What are my rights in a lawsuit? Talking to an New York personal injury lawyer is the best way to learn about your legal options. They will carefully listen to your story and provide guidance if necessary. A good attorney will provide you with the facts and figures pertaining to your case, along with information about the other parties involved. Your attorney will use the most up-to-date information available to determine the most effective strategy for you case. This includes assessing the strengths and weaknesses of the other party's case, as in determining the likelihood your claim will be granted in the first place. Your legal team will discuss all financial and medical data that you need to provide to ensure that you get the best possible outcome. It is a good idea to consult with an attorney regarding the best time to start your case. This is an important choice since it could significantly affect the amount you get in the final. The timeframe will vary depending on the case. There is no standard guideline however it is reasonable to suggest that the time frame should be within three to six month of the initial consultation.