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What is a Personal Injury Lawsuit? When you've been involved in a serious accident or injury it can be a challenge to get back to normal. You're in more pain, medical bills will increase, and you're not able to work. It's important to understand your rights if you've been injured in an accident. A personal injury lawsuit can help you obtain financial compensation for your losses. What is a lawsuit? A personal injury lawsuit grants the person who has been injured to seek compensation for any damages caused due to the negligence of a third party. If you've been injured as a result of an accident, and wrongful actions of another party resulted in your injuries, you may be entitled to financial recovery from the person responsible for medical costs, lost wages and other expenses. A lawsuit may take a long time, however, 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. Jaghab, Jaghab & Jaghab, PC can help you consider your legal options when you're considering suing for injury. During your no-cost consultation we'll assist you in determining whether or not you have an adequate claim and what compensation you could be entitled to receive. Find evidence to support your claim. This could include video footage of the incident, witness statements, or any other information to support you claim. Once we have all the evidence to support your claim we can bring a lawsuit against the parties responsible. The evidence will be used by the plaintiff's lawyer to show that the defendant was negligent. A personal injury lawsuit is won if you show negligence. Your lawyer will create a chain of causality to show how the defendant's negligent conduct directly contributed to your injuries. Your lawyer will then present the case to a jury or judge who will decide if the defendant is responsible for any damages. If the jury decides that the defendant was liable to pay for your losses, they'll determine the amount of amount of money they will award you for your losses. A personal injury lawsuit may be awarded non-economic damages. These are not just economic losses , such as medical bills or lost earnings. This could include physical pain, mental anguish, disability, disfigurement and more. The amount of damages you receive in a personal injury lawsuit is contingent on the facts of your case. It will differ between states. Certain states also offer punitive damages to victims of injuries. These damages are meant to punish the defendant for their behavior. They are only awarded when they've caused significant harm to you. Who is involved in a lawsuit? When someone is injured in a car crash or falls on the job, they often file a personal injury lawsuit against the company or person responsible for their injuries. These cases may be filed by a plaintiff seeking to recover for medical expenses, lost wages or property damage. In California, a plaintiff who is seeking damages is able to sue the person who caused the injuries, whether it is an institution of government, a company or an individual. However the plaintiff has to prove that the defendant was liable for the damages they suffered. A plaintiff's legal team will have to investigate the accident and gather evidence to back their claim. This involves getting any police or incident report, witnesses' statements and taking pictures of the scene and the damage. The plaintiff will need to gather medical bills and pay slips as well as other evidence of their losses. This can be a difficult and expensive process, so it is recommended that you seek the help of an experienced attorney who will represent you in the court. Another important aspect of a lawsuit is naming the proper defendants in your case. A defendant could be a business or individual that caused the injury in certain cases. In other instances, the defendant might not be involved in any way at all. It is essential to know the full legal name and address of a company you are suing in order to add them as a defendant in your lawsuit. Before you file your lawsuit, consult an attorney if unsure about the legal name. It is important to inform your insurance company of the claim and ask them if any of your current policies will be able to cover any damages awarded. If you have a valid claim, most policies will cover you. A lawsuit is necessary to resolve any dispute, regardless of the possibility of complications. Although it can be stressful and lengthy, it can help you receive the compensation you're entitled to for your injuries. What happens when a lawsuit is filed? A lawsuit may be filed against someone who caused injury to you. Typically, a lawsuit begins with a complaint filed in a court which details the facts of the matter and the amount or other “equitable remedy” you want granted to you. It can be challenging and time-consuming when bringing personal injury cases. In certain cases it is possible to settle the case reached outside of court. In other situations a jury trial could be necessary. A lawsuit usually begins when the plaintiff files a complaint in court and presents it to the defendant. The complaint should describe the plaintiff's injuries as well the actions of the defendant that caused the plaintiff's injuries. Each party is given a time deadline to respond once the suit is filed. After that time, the court will determine the necessary evidence to decide the case. If a suit is prepared to go to trial Judges will hold an initial hearing to listen to the arguments of each side. After both sides have presented their arguments and arguments, a judge will hold an initial hearing in order to hear the case. The jury will then deliberate and decide whether or not to award damages to plaintiff. Depending on the case the trial can be as short as a few days to several weeks. The parties can appeal a decision of a lower court at the end of a trial. These courts are known as “appellate courts.” They aren't required to hold a new trial, but they can examine the record and decide whether the lower court committed an error of procedure or law that requires an appeals review. The majority of civil cases settle before they ever reach trial. This is because insurance companies have strong financial incentives to settle civil cases outside of court rather than risking a lawsuit. If the insurance company doesn't accept an offer to settle and you are not able to settle, it is advisable to file an action against the court. This is especially the case in the case of car accidents, where it can be a major problem for the person injured to obtain the money they need to pay the medical bills. What are my rights in a case? Talking to a New York personal injury lawyer is the best way to find out about your legal options. The lawyer will listen to your story and provide guidance as necessary. A good attorney will be able to provide all the facts and figures related to your case, as well as details regarding other parties. With the most up-to current information about your case, your attorney can determine the best strategy for your particular case. personal injury lawyer washington includes evaluating your strengths, weaknesses, and likelihood of your claim being granted. Your legal team will also discuss all the relevant financial and medical information that you are able to use to construct an argument that will maximize your chances of winning. It is an excellent idea to consult a legal professional regarding the best time to submit your case. This is an important choice because it could have a significant impact on the amount you receive in the final. The time frame will vary according to the circumstances. There aren't any established guidelines however, it is reasonable to suggest that the timeframe should be within three to six months of the initial consultation.