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What is a Personal Injury Lawsuit? It isn't easy to return to normal after a serious accident or injury. Medical bills accumulate, you miss work and you have a lot of pain. If you've been involved injured in an accident, it is essential to be aware of your rights. A personal injury lawsuit can help you recover financial compensation for your losses. What is a lawsuit? A personal injury lawsuit gives the person who has been injured to seek compensation for damages caused by the negligence of a third party. If you have been injured in an accident and the negligent actions of another party caused your injuries, you could be eligible for financial recovery from them for medical bills loss of earnings, medical expenses, and other expenses. A lawsuit can take a long time, but it is possible to settle a number of personal injury cases without filing one. The settlement process involves discussions with the liability insurance carrier and also with attorneys. If you're considering filing a lawsuit to recover compensation for an injury, call the experienced attorneys at Jaghab, Jaghab & Jaghab, PC to discuss your legal options. During your free consultation we'll help you determine whether you're eligible for a claim. We'll also inform you what compensation you might be entitled to. Gather evidence to back up your case. This can include footage of the incident witness statements as well as a doctor's note or other information that will prove your case. Once we have all the evidence necessary to support your claim , we can bring a lawsuit against the parties responsible. This evidence will be used by the lawyer for the plaintiff to show that the defendant was negligent. A personal injury lawsuit is won only if you show negligence. Your lawyer will form a chain of causation in order to establish how the defendant's negligence directly caused your injuries. Your attorney will present your case before a judge or jury, who will decide if the defendant has been found accountable for your damages. If the jury decides that the defendant was responsible to you, they'll then decide on the amount of money you'll be awarded for your loss. In addition to the economic losses like medical bills and lost earnings A personal injury lawsuit can also award you noneconomic damages, also known as pain and suffering. This may include physical and mental pain. The amount of the damages you are awarded in a personal injury lawsuit is contingent on the facts of your case. It will vary from state to state. Certain states also offer punitive damages for victims of injuries. personal injury law firm boston are designed to penalize the defendants for their bad behavior and only awarded if they've caused severe harm to you. Who is involved in a lawsuit If a person is injured in a car accident , or falls and slips at work and is injured, they usually make a personal injury claim against the company or person responsible for their injuries. These cases can be filed by a plaintiff seeking to recover for medical expenses, lost wages or property damage. In California, a plaintiff who is seeking damages may pursue anyone who caused the injuries, whether it's a business, government institution or individual. However the plaintiff must prove that the defendant is responsible for the damage they suffered. The legal team of the plaintiff must investigate the accident to gather evidence to prove their case. This involves obtaining any police or incident report, getting witness statements , and taking photographs of the scene and damage. The plaintiff must get medical bills, pay slips, and other evidence of their losses. This could be a lengthy and costly procedure, so it is advised to seek out the assistance of an experienced lawyer who will represent you in the court. Name the right defendants in your lawsuit is another important aspect of a lawsuit. In many cases, a defendant may be a business or individual who has caused the harm, however in some cases there is a chance that a defendant could not have been involved in the matter at all. If you are suing a company and want to sue them, you must know their legal name and address so that you can add them as defendants in your case. Before you file your lawsuit, consult an attorney if you are uncertain about the legal name. It is also necessary to inform your insurance company of the complaint and ask them whether any of their existing policies will cover any damages you're awarded. If you have an undisputed claim, most policies will be able to cover the cost. A lawsuit can be necessary to resolve any dispute, regardless of the possibility of complications. Although it can be frustrating and long-winded, it can help you receive the compensation you are entitled to for your injuries. What is the procedure for a lawsuit? You can bring a lawsuit against someone you believe caused you injury. Typically, a lawsuit will begin by filing a complaint in the court, which outlines the facts of the case and how much money or other “equitable remedy” you would like granted to you. It can be difficult and time-consuming to file a personal injury case. In some cases there is a possibility of a settlement being reached outside of court. In other situations the jury trial may be required. Typically, a lawsuit commences when the plaintiff files a complaint in the court and then serve it on the defendant. The complaint should describe the circumstances that led to the plaintiff's injuries as well as how the defendant's actions caused those injuries. After a lawsuit is filed, both parties are given an amount of time in which to respond. The court will decide what evidence is required to decide the case. If a suit is prepared for trial, a judge will hold an initial hearing to hear arguments from each side. After both sides have presented their arguments, a judge will hold an initial hearing to decide the case. The jury will then deliberate and decide whether or not to award damages to the plaintiff. Based on the circumstances the trial can take anywhere from a few days up to several weeks. At the end of an investigation, either side may appeal the decision to an upper court. These courts are referred to “appellate courts”. They are not required to hold a new trial but can examine the record and determine if the lower court committed an error in procedure or law that warrants further appellate review. The majority of civil cases settle before they ever get to trial. In most cases, this is due to the fact that insurance companies have very strong financial incentives to settle cases out 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 an action against the court. This is particularly true in car accidents , where it may be a challenge for the injured person to obtain the funds required to pay medical bills. What are my rights in a lawsuit? Talking with an New York personal injury lawyer is the best way to learn about your legal options. He or she will take note of your story and provide guidance if necessary. A good attorney will give you all the facts and figures regarding your case, in addition to details about other parties. Utilizing the most up-to date information about your situation Your lawyer can decide a suitable strategy for your particular case. This includes evaluating the strengths of your case, its weaknesses, and the probability of your claim being granted. Your legal team will also discuss all the relevant financial and medical evidence you have to consider in order to construct an effective case that increases your chances of success. It is recommended to consult with an attorney about the ideal time for you to file your case. This is a crucial decision, as it can affect the amount you will receive at the end. The time frame will vary depending on the case. There aren't any standard guidelines, but it is reasonable to say that the time frame should be within three to six month of the initial consultation.