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What is Personal Injury Litigation? Personal injury litigation is a procedure that occurs when a person has suffered injuries due to another's negligence. It allows people to seek monetary compensation for mental, physical and reputational damage caused by the actions of others or actions. The severity of your injuries will determine the amount of damages you can expect. There are two kinds of damages: general and special. Damages A lawsuit is filed to recover damages if someone is injured or property is damaged. This is a form of tort law in which the person (the plaintiff) claims monetary compensation for the harm they've suffered as the result of a person's negligent actions or negligence. There are various types of damages that can be sought in personal injury lawsuits including punitive and compensatory damages. Both kinds of damages are based on the severity of the damage caused by the defendant's inattention or deliberate action. Compensatory damages, or “economic damages,” reimburse the plaintiff for the expenses and losses caused by the accident. This type of damages are typically awarded to victims of car collisions or trucking accidents as well as slip and falls or other accidents that cause financial loss or physical injuries. These awards are intended to make a person financially sound again after the incident took place, and they may cover medical expenses loss of wages, rehabilitation costs. They may also be used to pay for emotional pain, mental anguish and loss of enjoyment. These awards are typically higher for severe injuries such as brain trauma or broken limbs. This is because such injuries often have a high medical cost and a long recovery period. The amount of compensation for economic damages depends on how serious the incident was and can be difficult to determine. Because of this, it is important to keep good documentation of your expenses and loss. This will help your attorney determine the true worth of your claim. Your chances of getting full reimbursement from your insurance company can be increased by keeping a detailed record of your medical expenses. It is harder to estimate non-economic damages or “pain and suffering”. Because pain and suffering often encompasses both physical and emotional pain, it's harder to quantify. These can cause embarrassment, depression, and PTSD (Post-Traumatic Stress disorder). A lawyer will assist you to determine the right amount of your non-economic damages and develop a convincing argument to obtain it. They will examine the files of your doctor and interview witnesses to determine the extent of your pain, suffering, and loss. During trial, they will be able to present the information to jurors. Limitations statute Each state has their own laws that set specific time frames to file various kinds of claims. Personal injury litigation generally allows for a 2 year time limit for filing an action against someone who caused harm to your family or you. These time limits are designed to stop lawsuits from going on indefinitely, and to encourage potential claimants to not delay in the pursuit of their claims. This is because evidence can get lost or become stale over time , making it difficult to prove a claim in the court. While the statute of limitations can be confusing, it is essential to understand that the clock begins to tick when you're injured or your claim is first discovered. This is called the “discovery rule.” As you can see, the deadline for filing an injury claim may vary from one state to another. The time limit for your particular situation will depend on a variety of factors, including the type and location of the claim. In Pennsylvania, the standard timeframe for personal injury claims is typically two years from the date of your injury. However there are exceptions to this limit which can extend or reduce the time frame. The discovery rule is one of the most popular exceptions. The discovery rule stipulates that you must file a claim within the stipulated time after being successful in proving that your injury was caused by negligence. If you're not sure when the time limit will begin running in your situation it's important to speak with an experienced lawyer who can advise you of your rights and assist you in getting the money you deserve after being injured through the negligence of another's reckless actions. Furthermore, the statute of limitations may be extended (put on hold) in a variety of situations. This is the case when the plaintiff is a minor and the defendant was not in the state when the accident occurred. The suspension or tolling of the statute of limitations may aid in protecting your legal rights and ensure you get the justice you require after being injured as a result of someone else's negligent actions. Preparation A successful personal injury case requires a lot of preparation. You must be prepared to present a compelling case and have an experienced lawyer by your side. A good personal injury lawyer will have a plan to present your case in court and determining if the defendant is to blame. They will also have a plan to bargain with the defendant and ensure you get the maximum compensation for your injuries. When it comes to an injury claim the process of bringing a lawsuit might seem daunting. There are many factors to consider , as well as a variety of tactics that defendants may employ to delay or stall your case. The most important factor in the process of preparing is the timeframe of your claim. The statutes of limitation in your state specify that you must submit your lawsuit within the time limit or your claim could be dismissed. The other important aspect of the procedure is to prepare a well-crafted and compelling claim. This could involve proving that the defendant was negligent or that your injuries resulted from their actions. personal injury lawyer new haven is an essential element of any successful claim and should be the main focus of your attorney during the initial meeting prior to litigation. Other components of a successful case include an exhaustive list of damages as well as an exact timeline of your injury's progression. The most important thing to consider in a successful claim is making sure that you receive the maximum compensation for your injuries, medical expenses and loss of income. The best way to make sure you receive the most from your claim is to speak with an experienced personal injury lawyer as soon as you can after your accident. Trial Most personal injury disputes can be resolved by settlements. They usually occur through negotiation between the parties. However certain cases are resolved in court and a process which involves arguing before a judge or jury, who decides whether the defendant is responsible for the plaintiff's injuries as well as the amount of compensation they should receive. We must file a complaint detailing the events that occurred and naming person from whom you seek compensation. The complaint is then served to the defendant and they are required to respond with an answer to your complaint. Following that, your attorney will move into the fact-finding portion of your case , also known as discovery. This allows both parties to exchange evidence, including witness testimony documents, photographs, and video footage of the accident scene. This includes depositions, interview, and physical examinations. It's time to get ready for the actual trial. This is when the lawyers for both sides argue their case and present evidence before a jury or judge. First, each side will be required to make an opening statement in which they describe the facts of their case. Based on the size of each case and the number of witnesses, this can take between 30 and 45 minutes for each side. The jury will then hear closing arguments of both sides. The closing statements can be short or long and will include their claims and damages. The judge will then issue instructions for the jury. They will be given the legal guidelines they must follow in making a final decision. The jury will then consider on your case and make a decision. The decision will be presented to the judge for consideration. If they decide that you are in your favor they will then give you an award. If they are in the favor of the defendant, they will not award you a verdict, and your case will be dismissed.