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What is a Personal Injury Lawsuit? It can be difficult to get back to normal after a major accident or injury. Medical bills pile up as you work less and you have plenty of pain. If you've been involved in an accident, it is crucial to know your rights. A personal injury lawsuit could help you obtain financial compensation for your losses. What is a lawsuit? A personal injury lawsuit is a formal legal process that allows an injured person to recover compensation for damages caused by the negligence of a third party. If you've been injured during an accident, and the negligence of a third party caused your injuries, you may be able to claim financial compensation from them for medical expenses, lost earnings, and other expenses. Although a lawsuit can be lengthy, it's possible to settle many personal injury cases without filing one. The process of settlement usually involves negotiations with the liability insurance company and attorneys on both parties. If you're thinking of filing a lawsuit to recover compensation for an injury, get in touch with the experienced attorneys at Jaghab, Jaghab & Jaghab, PC to discuss your legal options. In your free consultation, we'll help you determine whether you're entitled to a claim. We'll also let you know what compensation you may be entitled to. The first step is to collect evidence for 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 to support your claim we can bring a lawsuit against the parties accountable. The evidence will be used by the attorney for the plaintiff to show that the defendant was negligent. A personal injury lawsuit can be won only if you can show negligence. Your lawyer will create an order of causality to demonstrate how the defendant's negligence directly caused your injuries. Your attorney will then present the case to a judge or jury and they will decide if the defendant is accountable for any damages. If the jury concludes that the defendant is liable to you, they'll then decide on the amount of money to award to you for your losses. In addition to the economic losses like medical bills and lost earnings Personal injury lawsuits could also award you non-economic damages, or suffering and pain. This can include physical pain, mental anguish as well as disability, disfigurement and much more. The amount of the damages you are awarded in a personal injury case is contingent on the facts of your case. It will vary from state to state. Some states also provide punitive damages to victims of injury. These damages are meant to penalize the defendant due to their actions and are only awarded if they have caused you serious harm. Who is involved in a lawsuit? A personal injury lawsuit is filed against the person or company who caused injury in a car accident, slip and fall at work, or any other kind of injury. In these types of cases the plaintiff could be seeking compensation for medical expenses, lost wages, injuries and pain or property damage. In California the state of California, a plaintiff seeks damages can pursue anyone who caused the injuries, whether it's an organization, government agency or an individual. The plaintiff must prove they are responsible for the damages they suffered. The legal team of plaintiffs will need to examine the incident to collect evidence to back their case. This involves finding any police or incident report, obtaining witness statements and taking photographs of the scene and damage. The plaintiff will need to take care of medical bills as well as pay slips and other evidence of their losses. This can be a lengthy and costly process, therefore it is recommended to get the assistance of an experienced attorney who can represent you in court. Another crucial aspect of the lawsuit is naming the correct parties as defendants in your case. A defendant could be a person , or a corporation who caused injury in certain cases. In other situations, the defendant might not be involved in any way at all. It is vital to know the full legal name and address of a company you're suing in order to add them as defendants in your lawsuit. Before filing your lawsuit, consult an attorney if not sure about the legal name. It is also crucial to inform your insurance company about the claim and inquire whether any of your current policies will cover the cost of any damages that you receive. If you have an established claim, the majority of policies will be able to cover the cost. Despite the potential for difficulties, a lawsuit often a necessary step in resolving a dispute. Although it can be frustrating and long-winded, it can help you get the compensation you are entitled to for your injuries. How does a lawsuit work? You may make a claim against someone you believe caused you injury. Typically, a lawsuit will begin with a complaint filed in an appropriate court to state the facts of the situation and the amount of money or other “equitable remedy” you want granted to you. The process of filing a personal injury lawsuit can be lengthy and complicated. In some instances the settlement may be reached without the need for court. In other situations an appeal to a jury will be required. Typically, a lawsuit starts when the plaintiff files a complaint in a court and serves it on the defendant. The complaint should describe the plaintiff's injuries, as well as the defendant's actions that led to them. Each party is given a limit to respond after a suit is filed. Following this time the court will decide the necessary evidence to decide the case. When a suit is ready to go to trial the judge will hold an initial hearing to hear arguments from each side. After both sides have made their arguments and arguments, a judge will hold an initial hearing to hear the case. The jury will then consider and decide whether or not to award damages to the plaintiff. The trial can range from just a few days to several weeks, based on the specific case. At the end of a trial, either party may appeal the decision to an upper court. These courts are known as “appellate courts.” They aren't required to conduct a new trial, however, they are able to examine the record and decide whether the lower court made an error of the law or procedure that requires an appeals review. The majority of civil cases are settled prior to ever getting to trial. This is because insurance companies have strong financial incentives to settle civil cases outside of court, instead of putting themselves at risk by suing. If, however, the insurance company refuses to accept a fair settlement offer, it may often be worth taking an action to the court. This is especially true in accidents involving cars, where it could be difficult for the injured person to receive the funds needed to pay their medical bills. What are my rights in a lawsuit? Talking to an New York personal injury lawyer is the best way to find out about your legal options. He or she will carefully listen to your story and provide advice when needed. A good attorney will provide you with all the facts and figures in your case, as well as details regarding other parties. By utilizing the most up to current information about your case The lawyer will determine the best strategy for your particular case. This includes assessing the strengths and weaknesses of the other side's argument, as well being able to determine the likelihood your claim will be awarded in the first place. Your legal team will review all relevant financial and medical evidence you can handle in order to build a case that maximizes your chances of winning. It is a good idea also to consult a lawyer about the best time to make your claim. This is a crucial decision, as it can have a significant impact on the amount you will receive at the end. Generally, personal injury lawsuit allen is dependent on the nature of your case. There are no set rules, but an acceptable estimate is within three to six month of the initial consultation.