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What is Personal Injury Litigation? Personal injury litigation is a procedure that can occur when a person has sustained injuries because of another's negligence. It permits individuals to claim financial compensation for reputational, mental, or physical harms caused by the actions or inactions of others. The amount of damages you could expect to receive is contingent upon the extent of your injuries. There are two types of damages: general and special. Damages If someone is injured or their property is damaged, they are likely to start a lawsuit to seek damages. This is a form of tort law, where the plaintiff seeks financial compensation for the harm they've suffered due to the negligent acts or negligence of another person. There are several types of damages that are recoverable in personal injury litigation that include punitive and compensatory damages. Both types of damages are determined by the severity of the injury caused by the defendant's negligence or intentional act. Compensatory damages (or “economic damages”) are given to the plaintiff to pay for their losses and expenses that result from the incident. This type of damages are usually granted to victims of auto collisions or trucking accidents, slip and fall accidents, or other incidents which result in financial loss or physical injuries. These awards are intended to help the victim financially whole following an incident. They could include lost wages, medical bills and rehabilitation costs. They are also designed to help with pain and suffering, mental anguish, and loss of enjoyment. In the event of serious injuries, such as brain trauma or broken limbs they are usually more expensive than those for less serious injuries. These injuries are often more expensive and require longer recovery period. The amount of economic damages will depend on the severity of the injury. It isn't easy to estimate. It is important to keep accurate records of your losses and expenses. This will enable your lawyer to determine the real value and the extent of your claim. Your chances of receiving complete reimbursement from your insurance company could be increased by having a detailed history of your medical expenses. It is more difficult to calculate non-economic damages or “pain & suffering”. This is because suffering and pain typically involves physical pain and emotional distress. These can cause depression, embarrassment, and PTSD (Post-Traumatic Stress disorder). A lawyer can help you determine the right amount of your non-economic damages and create a compelling case for obtaining it. They will go through the records of your doctor and interview witnesses to determine the severity of your pain, suffering and loss. During trial, they'll give the information to jurors. Statute of limitations Each state has their own laws that set specific deadlines for filing different types of claims. In the case of personal injury lawsuits the law generally allows for a two year time frame to bring an action against someone who has the harm they cause to you or your loved family members. The time limits are designed to prevent lawsuits from dragging on indefinitely , and to motivate potential claimants to pursue their claims earlier rather than later. The reason is that as time passes evidence may disappear or stale and a case becomes difficult to prove in the court. Although the statute of limitations can be confusing, it's essential to understand that the clock starts to tick when you're harmed or your claim is first discovered. This is called the “discovery rule.” As you can see, the deadline for making a claim for personal injury is different from state to state. The exact time limit for your particular situation will depend on a number of factors such as the nature of the claim you're making and where you live. In Pennsylvania, the standard timeframe for personal injury claims is usually two years from the date of your injury. However, there are some exceptions to this limitation which can extend or reduce the deadline. One of the most popular exceptions is the discovery rule. The discovery rule states that you must make a claim within a certain time after you are capable of proving that your injury was the result of negligence. If you're unsure of when the deadline will start running in your situation it is essential to speak with an experienced lawyer who will inform you on your rights and assist in obtaining the compensation you deserve after being injured due to someone else's negligence or reckless actions. Furthermore, the statutes of limitations may be tolled (put on hold) in a number of circumstances. This is the case when the plaintiff is minor and the defendant was not in the state at the time the accident occurred. The suspension or tolling of the statute of limitations may help you protect your legal rights and ensure that get the justice you need after being injured by an omission of another's. Preparation A successful personal injury case needs preparation. You must be prepared to make a convincing case, and you should have the right lawyer on your side. A good personal injury lawyer will create a plan to present your case in court and determine whether the defendant is at fault. They will also have a plan to negotiate with the defendant to ensure that you receive the highest amount of compensation for your injuries. When you are dealing with the personal injury matter the process of bringing a lawsuit can seem overwhelming. There are many variables to consider , as well as a myriad of tactics that defendants can employ to delay or stall your case. The most important aspect of the preparation is the time frame for your claim. Statutes of limitations in your state stipulate that you must submit your lawsuit within the prescribed time or your claim could be dismissed. Another crucial aspect of preparation is to have a compelling and well-written claim. This could include proving the defendant was negligent or that your injuries were the result of their actions. This is a crucial aspect of any successful claim and should be the primary the focus of your attorney's the initial meeting prior to litigation. Other aspects of a successful case include an extensive list of damages as well as an in-depth timeline of your injury's progress. A successful claim will ensure that you receive the maximum compensation for your injuries, medical expenses and loss of income. The best way to be sure that you get the maximum out of your claim is to consult with a seasoned personal injury lawyer as soon as you can following the incident. Trial Most personal injury disputes can be resolved by settlements. They usually occur through negotiations between the parties. However some cases end up in court which is a procedure that involves arguing the matter before a jury or judge which decides if the defendant was accountable for the plaintiff's injuries, and the amount of compensation they should receive. To begin personal injury attorney fullerton need to file a complaint that describes what transpired and names the person you want compensation from. The complaint is sent to the defendant, and they must respond to your suit. Your attorney will then move into the discovery phase of your case. This allows both parties to exchange evidence, including witness testimony documents, photographs, and video footage of the accident scene. This includes depositions, interview, and physical examinations. After all of the preparation is done, it is time for the actual trial. This is when the lawyers from both sides present their arguments and evidence to a judge. Then, both sides will be required to make an opening statement , in which they explain the details of their case. Based on the size of each case and the number of witnesses, this can take between 30 and 45 minutes per side. Next each side will present their closing arguments to the jury. The closing statements can be short or long and will include their claims and damages. The judge will then give instructions to the jury, which will outline the legal guidelines they will have to follow to make a decision. The jury will then consider on your case before making the decision. The verdict will then be reported back the judge for review. If they decide that you are in your favor they will then give you a verdict. If they find in favor of the defendant, they will not award you a verdict and your case will be dismissed.