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What is Personal Injury Litigation? Personal injury litigation is a process that can take place when someone has suffered injuries because of another's negligence. It permits people to pursue financial compensation for reputational, mental, or physical injuries caused by actions or inactions by others. The severity of your injuries will determine the extent of damage you can expect. There are two types of damages: general and special. Damages If someone is injured or their property damaged, they typically file a lawsuit to recover damages. This is a type of tort law in which the plaintiff seeks financial compensation for the harm they have suffered due to the negligent actions or negligence of another person. There are several types of damages that can be sought in personal injury litigation which include punitive and compensatory damages. Both kinds of damages are based on the extent of the harm caused by the defendant’s inattention or deliberate act. Compensatory damages, also referred to as “economic damages,” reimburse the plaintiff for the expenses and losses that result from the accident. These types of damages are usually given to victims of car collisions or trucking accidents, slip and fall accidents, or other accidents that result in financial losses or physical injuries. These awards are designed to help the victim financially whole after an incident. They could include lost wages, medical bills and rehabilitation costs. They may also be used to compensate for mental anguish, pain and loss of enjoyment. These awards are usually higher for injuries that are severe, such as brain trauma or broken legs. These injuries are generally more expensive and require a longer recovery period. The amount of compensation you receive for economic losses is contingent on how serious the accident was and can be difficult to determine. It is essential to keep detailed documents of your losses as well as expenses. This will aid your attorney determine the true value of your claim. Your chances of getting full reimbursement from your insurance company could be increased by keeping a thorough record of your medical expenses. It is harder to determine non-economic damages, also known as “pain and suffering”. Since suffering and pain typically encompasses both physical as well as emotional suffering, it can be harder to quantify. These damages can vary from embarrassment, to depression or PTSD (Post-Traumatic Stress Disorder). A lawyer will help you determine the right amount of your non-economic losses and develop a convincing argument to obtain it. They will look over the medical files of your doctor and interview witnesses to determine the severity of your pain, suffering and loss. During the trial, they'll give this information to jurors. Limitations statute Every state has laws that provide the timeframes for filing a variety of types of claims. In the case of personal injury litigation, these statutes generally allow for a two year time frame for bringing an action against someone harming you or your loved family members. The time limits are intended to prevent lawsuits dragging on indefinitely, as well as to encourage potential claimants not to delay in making their claims. This is because evidence could disappear or become outdated over time and it becomes difficult to prove a claim in court. Although the statute of limitations can be confusing, it's crucial to know that the clock starts to tick from the moment you're harmed or your claim is discovered. This is called the “discovery rule.” As you can see, the time limit for making a claim for personal injury can vary widely from state to state. The exact duration for your particular case will depend on several factors that include the kind of claim you're filing and the location you reside in. The normal time frame for personal injuries claims in Pennsylvania is two years. It begins with the date of your injury. There are exceptions to this law which can lengthen or reduce the time limit. One of the most popular exceptions is the discovery rule. The discovery rule states that you must file a claim within the specified time after you are in a position to prove that your injury was caused by negligence. If you're not sure when the time limit will begin running in your case it's important to speak with an experienced lawyer who can advise you of your rights and assist you in obtaining the compensation you deserve after being injured due to someone else's negligence or reckless actions. In certain situations, the statute can be lifted or put on hold. This is the case when the plaintiff was not a minor and the defendant was not in the condition at the time the accident took place. The tolling or suspension of the statute of limitations can aid in protecting your legal rights and ensure that you receive the justice you deserve after being injured due to an omission of another's. Preparation Preparation is an essential element in the success of a personal injury claim. You must be prepared to present a strong case and have the right lawyer by your side. A reputable personal injury lawyer will prepare an outline of how to present your case to the court and determine whether the defendant is accountable. They will also have a plan to negotiate with the defendant and ensure that you receive the highest amount of compensation for your injuries. The process of suing may seem overwhelming when it concerns a personal injury case. There are many factors to consider as well as a variety of strategies that defendants can employ to delay or stall your case. The most important factor in the preparation process is the speed of your claim. You must submit your lawsuit within the timeframe set by the statute of limitations, or you risk being denied your claim. Another important element of the process is to craft a convincing argument. This could include proving that the defendant was negligent or that their actions led to your injuries. This is an essential part of any successful claim. It should be the primary goal of your attorney during pre hearings. A comprehensive list of the damages you have suffered and a timeline detailing the progression of your injury are the other aspects of a successful case. The most important thing to consider in a successful claim is ensuring that you receive the maximum amount of compensation for your injuries, medical bills and loss of income. Talking to an experienced personal injury lawyer straight away following your accident is the best way to make sure you receive the maximum benefit from your claim. Trial The majority of personal injury disputes can be resolved by settlements. They usually occur through negotiations between the parties. However certain cases are resolved in court which is a procedure that involves arguing the case before a judge or jury who decides if the defendant is responsible for the plaintiff's injuries and also the amount of compensation they should receive. To begin the trial process we must file a complaint that describes what transpired and names the person you're seeking compensation from. personal injury attorney el cajon is sent to the defendant, and they must respond to your suit. Then, your lawyer will enter into the process of determining the facts of your case called discovery. This will allow both sides to exchange evidence, including witness testimony, documents, photographs and video footage of the accident scene. Also, depositions are taken or interviews under oath and physical examinations. Once all of the preparation is finished and all the preparations are completed, it's time for the actual trial. This is the time when the lawyers for both sides argue their case and present evidence to a judge or jury. Each side will first be required to make an opening statement, in which they will state the facts of their case. It could last 30 or 45 minutes for each side, based on the size of the case and number of witnesses. The jury will then be able to hear the closing arguments of both sides. The closing statements can be either lengthy or short and will address their claims and damages. The judge will then provide instructions to the jury which will detail the legal standards they will need to follow in order to reach a verdict. The jury will then deliberate and then make a final decision regarding your case. This is then reported back to the judge to be considered. If they reach a verdict in your favor they will then give you an award. If they find in favor of the defendant the jury will not grant you a verdict, and your case will be dismissed.