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What is a Personal Injury Lawsuit? It isn't easy to return to normalcy following a serious injury or accident. Medical bills accumulate over time, you're unable to work and you have many injuries. If you've been involved in an accident, it is crucial to know your rights. A personal injury lawsuit could aid you in getting the financial compensation you deserve for your losses. What is a lawsuit? A personal injury lawsuit is a formal legal procedure that permits the injured party to seek compensation for damages caused by the negligence of another party. If you've been injured in an accident and the negligent actions of a third party resulted in your injuries, you may be entitled to financial recovery from the person responsible for medical costs or lost wages, as well as other expenses. Although a lawsuit can be lengthy, it is possible to settle a lot of personal injury cases without filing a lawsuit. The settlement process involves negotiations with the liability insurance company and also with attorneys. If you're thinking of filing a lawsuit to recover compensation for an injury, you should contact the skilled lawyers at Jaghab, Jaghab & Jaghab, PC to discuss your legal options. During your free consultation we'll assist you in determining whether you have an appropriate claim and what compensation you might be able to receive. Gather evidence to support your claim. This could include video footage of the incident, witness statements, or any other information to support you claim. When we have the evidence to back your claim, we are able to start a lawsuit against responsible parties. The lawyer representing the plaintiff will use this evidence to show that the defendant was negligent in their actions. Proving negligence is the most important step to winning a personal injury lawsuit. Your lawyer will construct an evidence-based chain of causation to prove that the defendant's negligence directly caused your injuries. Your attorney will then present your case before a judge or jury who will determine if the defendant is accountable for your damages. If the jury decides that the defendant is responsible and liable, they'll decide on the amount of amount of money they will award you for your loss. In addition to the economic losses like medical bills and lost earnings Personal injury lawsuits could also award you non-economic damages, also known as suffering and pain. This could include disfigurement, mental anguish and physical pain. The amount of the damages you are awarded in a personal injury lawsuit is contingent upon 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 designed to penalize the defendant for their conduct. They are only awarded when they've caused serious harm to you. Who is involved in a lawsuit A personal injury lawsuit is filed against the company or person who caused injury in the course of a car crash, slip and fall at work, or other kind of injury. In these types of cases, a plaintiff may be seeking compensation for medical expenses as well as lost wages, pain and suffering or property damage. California law allows plaintiffs to sue any person who caused their injuries. However the plaintiff must prove that the defendant is liable for the harm they suffered. The legal team of a plaintiff will need to look into the accident to collect evidence to support their claim. This could include the collection of any police report or incident report and witness statements, and taking pictures of the accident scene and the damage. The plaintiff is also required to get medical bills, pay stubs, or other proof of their losses. It can be a long and expensive process, so it is recommended to get the assistance of an experienced attorney who can represent you in court. Another important aspect of the lawsuit is naming the correct parties as defendants in your case. A defendant could be a person or a company who caused harm in certain cases. In personal injury lawsuit santa clara , the defendant might not be involved in any way at all. It is vital to know the legal name and address of the business you are suing in order to add them as a defendant in your lawsuit. If you're not sure about the legal name, it's recommended that you seek advice from an attorney before filing your lawsuit. It is also crucial to inform your insurance company about the complaint and ask them whether any of their existing policies will cover the cost of any damages you receive. Most policies will cover damages in the event of a valid claim. A lawsuit is necessary to resolve any dispute, regardless of the possibility of complications. Although it can be stressful and long-winded, it can help you get the compensation you're due for your injuries. What is the procedure for a lawsuit? A lawsuit can be filed against anyone who , you believe, caused injury to you. A lawsuit is usually filed in court by filing complaint that details the facts of the situation. It is also stated how much money or any other “equitable remedy you'd like to be granted.” The process of bringing an injury lawsuit for personal injury can be lengthy and complicated. In some instances the settlement can be reached outside of the court. In other cases the jury trial might be necessary. A lawsuit usually begins when the plaintiff files a suit in court and serves it to the defendant. The complaint must detail the events that led to plaintiff's injuries, as well being able to explain how the actions of the defendant resulted in the injuries. After a suit is filed, the parties are given an period of time to respond. Following this time the court will decide the necessary evidence in order to decide the case. A judge will conduct an initial hearing to listen to the arguments of both sides when a suit is ready to go to trial. After both sides have made their arguments, a judge will hold an initial hearing to decide 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 conclusion of the trial, either party can appeal the decision to an upper court. These courts are referred to as “appellate courts”. They don't have to hold a trial again, but can examine the record and determine whether the lower court erred in making an error of procedure or law that warrants an appellate review. Most civil cases are settled before they ever get to trial. In most cases this is due the fact that insurance companies have powerful financial incentives to settle cases out of court rather than risk the possibility of a lawsuit. However, if the insurance company refuses to accept a fair settlement offer, it might be a good idea to take an action before the court. This is especially true in the case of car accidents, as it can be a significant issue for the injured to receive the money they require to pay the medical bills. What are my rights in a case? The best way to understand your legal options is to speak to an experienced New York personal injury lawyer. They will carefully listen to your story and offer guidance if necessary. A good lawyer will be able to provide all the facts and figures related to your case, in addition to details about other parties. By utilizing the most up to recent information regarding your case Your lawyer can decide the best approach for your particular situation. This includes evaluating the strengths and weaknesses of the other party's case, as well being able to determine the likelihood your claim will be awarded in the first place. Your legal team will review all medical and financial records that you are required to submit to ensure that you have the most effective case. It is recommended to consult with an attorney regarding the best time for you to make your claim. This is an important choice that can impact the amount you get in the end. Generallyspeaking, the length of time is dependent on the nature of your case. There aren't any standard guidelines, but it is reasonable to assume that the time frame should be within three to six month of the initial consultation.