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What is Personal Injury Litigation? Personal injury litigation is a procedure which can be initiated when someone has suffered injuries due to another's negligence. It permits people to pursue financial compensation for reputational, mental or physical harms caused by the actions or inactions of others. The severity of your injuries will determine the extent of damages that you can expect. There are two types of damages: general and special. Damages When a person is injured or their property damaged, they typically bring a lawsuit in order to recover damages. This is a type of tort law, where the plaintiff (the plaintiff) seeks financial compensation for the harm they've suffered as a result of another person's wrongful actions or negligence. There are many types of damages that are recoverable in personal injury litigation that include punitive and compensatory damages. Both types of damages are based on the extent of harm caused by the defendant’s inattention or deliberate act. Compensatory damages or “economic damages,” reimburse the plaintiff for the expenses and losses resulted from the accident. These types of damages are usually granted to victims of auto collisions or trucking accidents as well as slip and falls or other incidents that result in financial losses or physical injuries. These awards are designed to help the victim financially whole again after an incident. personal injury law firm napa may include lost wages, medical bills and rehabilitation costs. They are also designed to provide compensation for suffering and pain emotional anguish, mental trauma, and the loss of enjoyment. The amount of compensation is usually higher for severe injuries , such as brain trauma or broken legs. These kinds of injuries are typically more costly and require a longer recovery period. The amount of the economic damage will depend on the severity of the injury. It can be difficult to estimate. It is vital to keep accurate documents of your losses as well as expenses. This will assist your attorney determine the worth of your claim. A detailed history of your medical expenses and other losses can also improve your chances of receiving full reimbursement from your insurance company. It is harder to estimate non-economic damages or “pain & suffering”. This is due to the fact that suffering and pain typically involves physical and emotional pain. These damages can vary from embarrassment, to depression or PTSD (Post-Traumatic Stress Disorder). A lawyer can assist you in determining the right amount of your noneconomic damages and present an argument with conviction to receive it. They will examine the medical records of your doctor and interview witnesses to determine the severity of your pain, suffering and loss. During trial, they'll present the information to jurors. Limitations law Each state has their own laws that set specific deadlines for filing various types of claims. For personal injury litigation the statutes typically allow for a two-year time period for bringing an action against someone causing harm to you or your loved family members. The time limits are designed to stop lawsuits from going on indefinitely , and to motivate potential claimants to file their claims sooner rather than later. This is because evidence may get lost or become stale as time passes and it becomes difficult to prove a case in the court. Although the statute of limitations can be confusing, it is important to be aware that the clock begins ticking from the moment you are injured or your claim is discovered. This is called the “discovery rule.” As you can see the timeframe for filing a personal injury lawsuit can vary from one state another. The exact time frame for your particular circumstance will depend on many factors, including the type of claim you are making and the place you live. The standard timeframe for personal injury claims in Pennsylvania is two years. It begins on the date of your injury. There are exceptions to this rule 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 make a claim within a specific time frame after you are reasonably capable of determining that your injury is caused by the negligence of another. It is important to speak with an experienced lawyer if you are unsure when the time limit will be set in your case. They can guide you about your rights and help you get the money you need after having been injured as a result of the negligence or reckless actions of someone else. In certain situations the statute may be lifted or put on hold. These include cases where the plaintiff was minor and the defendant wasn't in the condition at the time the accident took place. Tolling or suspending the statute of limitations can help you protect your legal rights and help ensure that you receive the compensation you are entitled to after being injured due to the negligence of another. Preparation Preparation is a crucial element in the success of a personal injury lawsuit. You must be prepared to present a strong case, and you should have the right lawyer at your side. A reputable personal injury lawyer will have a strategy to present your case in court and determining if the defendant is to blame. They will also have a plan to negotiate with the defendant and ensure you get the maximum amount of compensation for your injuries. When you are dealing with a personal injury case, the process of litigation could seem daunting. There are a myriad of factors to consider and a variety of tactics that defendants could employ to delay or stall your case. The most important aspect of the process of preparation is the timeliness of your claim. Statutes of limitations in your state specify that you must file your lawsuit within the prescribed time or your claim could be dismissed. The other major component of the process is to craft a compelling claim. It could be a matter of proving the defendant was negligent or that their actions caused your injuries. This is an essential part of any successful claim. It must be the primary concern of your attorney's trial meetings. A thorough list of the damages you have suffered and a timeline showing the progression of your injury are also elements of a successful case. A successful claim will ensure that you receive the most compensation for your injuries, medical expenses, and loss of income. Speak to a seasoned personal injury lawyer as soon as you have your accident is the best way to make sure you get the most from your claim. Trial The majority of personal injury cases settle themselves through settlements, which are usually the result of negotiations between the parties. However some cases end up in court, which is a process which involves arguing before a jury or judge which decides if the defendant was accountable for the plaintiff's injuries, and the amount of compensation they are entitled to. We have to file a formal complaint outlining the events that occurred and naming person you are seeking compensation. The document is given to the defendant and they are then required to respond with an answer to your complaint. Your lawyer will then begin the discovery phase of your case. This permits both sides to exchange evidence, including witness testimony, documents, photographs and video footage of the scene. Also, it allows depositions as well as interviews under oath and physical examinations. Now it's time for the actual trial. This is where the lawyers for both sides present their arguments and evidence to a judge or jury. Each side will be asked to make an opening statement in which they will explain the facts of their case. The duration can range from 30 or 45 minutes for each side, based on size of the case and number of witnesses. The jury will then be able to hear the closing arguments of both sides. They could last for several minutes or more, and they will discuss their claims and damages. The judge will then give instructions to the jury. They will be informed of the legal guidelines they have to adhere to when making a decision. The jury will then consider on your case , and then make an announcement. This decision will be presented to the judge for review. If the jury decides in favor of you, they'll award you the verdict. If they decide to go in the direction of the defendant they will not give you any verdict and your case will be dismissed.