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What is a Personal Injury Lawsuit? It is not easy to get back to normal following a serious accident or injury. You are in a lot more pain, medical bills are rising and you're unable to work. It's crucial to know your rights if you've been injured in an accident. A personal injury lawsuit could help you recover financial compensation for your losses. What is a lawsuit? A personal injury lawsuit allows the person who has been injured to seek compensation for any damages caused by the negligence of another party. If you've been injured by accident and the negligence of a third party caused your injuries, you may be eligible to receive financial compensation from them for medical bills, lost earnings, and other expenses. A lawsuit can take a long time, however, it is possible to settle a number of personal injury cases without filing one. The settlement process typically involves negotiations with the other party's liability insurance company as well as attorneys for both sides. Jaghab, Jaghab & Jaghab, PC can help you consider your legal options when you're thinking of suing for injury. During 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 to support your case. This could include video footage of the incident, witness statements or any other information that will back your claim. Once we have all the evidence necessary to support your claim , we can file a lawsuit against those accountable. This evidence will be used by the lawyer for the plaintiff to demonstrate that the defendant was negligent. A personal injury lawsuit can be won only if you show negligence. Your lawyer will develop an evidence-based chain of causation to show how the defendant's negligence directly caused your injuries. Your lawyer will then take your case to a jury or judge, who will decide if the defendant was responsible for your damages. If the jury finds the defendant responsible, they will decide what amount of money you will be awarded for your losses. In addition to economic losses, such as medical bills and lost earnings A personal injury lawsuit can also award you noneconomic damages, or pain and suffering. This could include physical pain, mental anguish disabilities, disfigurement, disability and more. The amount of damages you'll receive in an injury lawsuit is contingent on the particular facts of your case and will differ from state to states. Certain states also offer punitive damages for victims of injuries. These damages are designed to penalize the defendant for their conduct and are only 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 that caused an injury as a result of the event of a car accident, a slip and fall at work, or any other kind of injury. In these types of situations the plaintiff could be seeking compensation for medical expenses, lost wages, injury and suffering, or property damage. California law allows plaintiffs to sue anyone who caused their injuries. However, the plaintiff must prove that the defendant was responsible for the damages they suffered. personal injury lawsuit sandy of the plaintiff must look into the accident to collect evidence to prove their case. This includes finding any police report, incident report and witness statements, and taking photos of the scene and the damage. The plaintiff is also required to gather any medical bills, pay stubs or other evidence of their losses. This can be a lengthy and expensive process, so it is best to get the assistance of an experienced lawyer who will represent you in court. The identification of the proper defendants in your lawsuit is another important aspect of a lawsuit. In many cases, a defendant may be a person , or a business that caused the harm, however in other cases the defendant may not have been involved in the situation at all. It is vital 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, you should consult an attorney if uncertain about the legal name. It is essential to inform your insurance provider of the complaint and ask them if any of your current policies will pay for any damages that you are awarded. Most policies will provide coverage when you have a valid claim. Despite the potential for issues, a lawsuit usually a necessity to settle an issue. It can be a lengthy and arduous process, but it can also be vital in ensuring that you get the amount you are due for your injuries. How does a lawsuit work? You can make a claim against someone you believe caused you injury. A lawsuit is typically filed in court using a complaint that outlines the details of the case. It also explains the amount of money or other “equitable remedy you'd like to receive.” It can be very difficult and time-consuming when bringing personal injury cases. In some instances there is a possibility of a settlement being reached out of court. In other cases a jury trial could be necessary. Typically, a lawsuit commences when the plaintiff files a complaint in the court and then serves it on the defendant. The complaint must describe the events that caused the plaintiff's injuries, as being able to explain how the actions of the defendant caused the injuries. After a lawsuit is filed, the parties are given a specific amount of time in which to respond. The court will decide on what evidence is needed to decide the case. A judge will conduct a preliminary hearing to hear the arguments of each side when the case is ready to go to trial. Once both sides have made their arguments the jury will be selected to be able to hear the case. The jury will then deliberate and decide whether or not to award damages to plaintiff. Based on the circumstances the trial could last for a couple of days to a few weeks. A party may appeal a decision of a lower court at any point of the trial. These courts are known as “appellate courts.” They are not required to hold a fresh trial, however, they are able to examine the record and decide whether the lower court committed an error of law or procedure that warrants an appellate review. The majority of civil cases are settled before ever reaching trial. In the majority of instances this is due the fact that insurance companies have very strong financial incentive to settle cases outside of court, rather than take on the possibility of a lawsuit. If the insurance company does not accept an offer of settlement, it is worth filing a lawsuit against the court. This is especially true in collisions with cars where it could be a challenge for the person injured to secure the money needed to pay for medical expenses. What are my rights in a case? The best way to fully understand your legal options is to speak to an experienced New York personal injury lawyer. He or she will carefully listen to your story and provide guidance if necessary. A good lawyer will provide you with the facts and figures pertaining to your case, as well as information about the other parties involved. Utilizing the most up-to recent information regarding your case Your lawyer can decide the best strategy for your unique case. This involves assessing your strengths, weaknesses, and likelihood of your claim being granted. Your legal team will go over all financial and medical data that you are required to submit in order for you to get the best possible outcome. It is also a good idea to consult with a lawyer professional on the best time to submit your case. This is an important choice, as it can significantly affect the amount of money you receive in the end. The time frame for this will differ depending on the case. There aren't any established guidelines however, it is reasonable to assume that the timeframe should be within three to six months of the initial consultation.