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What is a Personal Injury Lawsuit? If you've been in an accident that is serious or has caused injury it can be challenging getting back to normal. You are in a lot more pain, your medical bills mount, 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 may assist you in obtaining financial compensation for your losses. What is a lawsuit? A personal injury lawsuit grants the person who has been injured to seek compensation for damages caused by the negligence of another party. If you've been hurt in an accident, and negligence of another party resulted in your injuries, you could be entitled to financial recovery from the other party for medical expenses as well as lost wages and other expenses. Although a lawsuit could be lengthy, it is possible to settle many personal injury cases without having to file a lawsuit. The settlement process typically involves discussions with the liability insurance provider and attorneys for both sides. Jaghab, Jaghab & Jaghab, PC can help you to explore your legal options if you're considering filing a lawsuit for injuries. During your free consultation we'll help you determine whether or not you have a valid claim and what compensation you might be eligible to receive. The first step is to gather evidence to support your claim. This can include video footage of the incident witness statements and a doctor's report, or any other evidence to prove your case. Once we have all the evidence to support your claim we can bring a lawsuit against the parties responsible. This evidence will be used by the plaintiff's lawyer to prove that the defendant was negligent. It is crucial to prove negligence to winning an injury lawsuit. Your lawyer will construct an order of causality to prove that the defendant's negligence directly caused your injuries. Your attorney will present your case before a judge or jury, who will decide if the defendant was responsible for your damages. If the jury determines that the defendant is responsible and liable, they'll decide on the amount of amount of money they will award you for your losses. In addition to economic losses such as medical bills and lost earnings A personal injury lawsuit may also award non-economic damages, also known as pain and suffering. This can include physical pain, mental anguish as well as disability, disfigurement and much more. The amount you'll receive in a personal injury lawsuit depends on the specific facts of your particular case and will vary from state to states. In some states the punitive damages are available to victims of injury. These damages are designed to penalize the defendants for their conduct and only awarded if they've caused significant harm to you. Who is involved in a lawsuit When someone is injured in a car accident or falls while working then they are likely to pursue a personal injury lawsuit against the person or company responsible for their injuries. These cases can be filed by a plaintiff seeking to recover for medical expenses, lost wages or property damage. California law permits plaintiffs to sue anyone who caused their injuries. The plaintiff must prove that they were responsible for the harm they sustained. The legal team of a plaintiff will need to investigate the accident to gather evidence to support their claim. This means getting any police or incident report, as well as witness statements , and taking photographs of the scene and the damage. The plaintiff is also required to gather any medical bills, pay stubs or other evidence 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 crucial aspect of the lawsuit is naming the proper parties as defendants in your case. In many instances, a defendant could be a person or a company that has actually caused the harm, but in some cases, a defendant might not have been involved in the case at all. If you are suing a company and want to sue them, you must know their full legal name and address to be able to add them as a defendant in your case. If you're not sure about the legal name, it is best to seek out guidance from an attorney prior to filing your lawsuit. It is also important to inform your insurance provider of the complaint and ask them whether any of their existing policies will cover the cost of any damages you're awarded. Most policies will offer coverage when you have a valid claim. Despite the possibility of difficulties, a lawsuit often a necessary step to settle a dispute. Although personal injury lawyer el paso can be stressful and long-winded, it can help you receive the compensation you are entitled to for your injuries. What is the process of a lawsuit? You may bring a lawsuit against anyone who you believe has caused you injury. Generally, a lawsuit will begin by filing a complaint in a court which details the facts of the matter and the amount or other “equitable remedy” you wish to be granted to you. The process of filing a personal injury lawsuit is often long and complicated. In certain instances it is possible to settle the case reached out of court. In other instances, a jury trial will be required. A lawsuit usually begins when the plaintiff files a complaint in a court and then serves it to the defendant. The complaint should describe the plaintiff's injuries and the defendant's actions that caused the plaintiff's injuries. Each party is given a limit to respond to the suit is filed. After this period, the court will determine what evidence is needed to make a decision on the case. A judge will conduct a preliminary hearing to listen to the arguments of both sides when the case is ready to go to trial. After both sides have presented their arguments before a judge, they will have an initial hearing to hear the case. After this, the jury will consider and decide whether to award damages to the plaintiff or not. Depending on the case the trial can take anywhere from a few days to a few weeks. At the conclusion of the trial, either party can appeal the decision to a higher court. These courts are referred to as “appellate courts.” They aren't required to conduct a second trial, but they are able to look over the evidence and decide whether the lower court made an error in the law or procedure that requires an appeals review. The majority of civil cases settle before they ever reach trial. In most cases this is due the fact that insurance companies have very substantial financial incentives to settle cases out of court instead of putting themselves in the possibility of an action. If the insurance company refuses an offer of settlement and you are not able to settle, it is advisable to file an action against the court. This is particularly true in the case of car accidents, as it can be a major issue for the injured to receive the money they need to pay for their medical expenses. What are my rights in a lawsuit? The best way to fully understand your legal options is to talk to an experienced New York personal injury lawyer. They will listen carefully to your account and provide guidance if necessary. A good lawyer will provide you with the facts and figures related to your situation, including details on the other parties involved. Your attorney will use the most up-to-date information available to determine the best strategy for you case. This includes assessing the strengths and weaknesses of the opposing party's case, as well in determining the likelihood your claim will be accepted in the first place. Your legal team will go over all medical and financial records that you have to hand in order for you to be able to present the most convincing case. It is a good idea to talk to an attorney about the ideal time to make your claim. This is an important choice that could affect the amount you will receive at the end. Generally, the time frame will vary based on the specifics of your case. There are no established rules however, an appropriate estimate is within three to six month of the initial consultation.