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What is Personal Injury Litigation? Personal injury litigation is a procedure that occurs when a person has sustained injuries because of another's negligence. It allows people to seek compensation in the form of money for mental, physical, and reputational damage caused by the actions of others or actions. The severity of your injuries will determine the extent of damage you could expect. Damages are divided into two categories: special and general. personal injury lawsuit houston If someone is injured or their property is damaged, they usually start a lawsuit to seek damages. This is a type of tort law, in which the plaintiff (the plaintiff) claims monetary compensation for the harm they have suffered as a result of another person's wrongful actions or negligence. Personal injury lawsuits can result in a variety of damages including compensatory and punitive damages. Both types of damages award money based on the level of injury caused by the defendant's negligence or intentional act. Compensatory damages (or “economic damages”) are awarded to the plaintiff in order to cover their losses and expenses resulting from the incident. This type of damage is typically granted to victims of car accidents, trucking crashes, slip-and-falls, and other incidents that result in physical injuries or financial losses. These awards are designed to make a person financially healthy again following the incident, and they could include medical bills loss of wages, rehabilitation costs. They can also be used to pay for emotional pain, mental anguish and loss of enjoyment. When there are serious injuries, such as broken limbs or brain trauma, these awards are often much higher than for less severe injuries. These types of injuries are usually more expensive and require a longer recovery time. The amount of compensation you receive for economic damages is contingent upon the severity of the injury and is difficult to calculate. This is why it is important to keep good documentation of your expenses and loss. This will enable your attorney to determine the real value and the extent of your claim. A detailed history of your medical expenses as well as other losses can also increase your chances of receiving full reimbursement from your insurance company. Non-economic damages, or “pain and suffering” are more difficult to estimate. This is due to the fact that suffering and pain often involves both physical and emotional pain. These damages can range from embarrassment to depression or PTSD (Post-Traumatic Stress Disorder). A lawyer can help you determine the proper amount of non-economic damages and make an argument with conviction to receive it. They will go through the medical records of your doctor and interview witnesses to document the extent of your pain, suffering, and loss. They will then provide this information to the jury during trial. Limitations statute Every state has laws that establish specific deadlines for filing a variety of types of claims. In the case of personal injury lawsuits these laws generally allow for a two-year period for bringing an action against someone who has causing harm to you or your loved family members. These time limits are designed to stop lawsuits from running indefinitely, and also to make it easier for potential claimants to not delay in the pursuit of their claims. The reason for this is that, over time evidence could be lost or stale , and a claim is difficult to prove in the court. Although the statute of limitations is not always straightforward however, it is important to be aware that the clock begins ticking at the point you were injured or your claim was first discovered. This is referred to as the “discovery rule.” As you can see, the deadline for filing a personal injury claim can differ from state to state. The time frame for your particular situation will depend on several factors, such as the type and location of the claim. The standard timeframe for personal injury claims in Pennsylvania is two years. This starts on the date of your injury. However there are exceptions to this limit that can either extend or shorten the time frame. The discovery rule is among the most well-known exceptions. The discovery rule states that you have to file a claim within specified time after you are reasonably capable of determining that your injury is due to another person's negligence. 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 give you advice about your rights and help you get the money you need after having been injured by the reckless or negligent actions of another person. In certain circumstances it is possible to lifted or put on hold. These include situations where the plaintiff is minor and the defendant was not in the state when the accident took place. The tolling or suspension of the statute of limitations may assist in protecting your legal rights and ensure you get the justice you require when you are injured by the negligence of someone else. 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 on your side. A good 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 that you receive the highest compensation for your injuries. When you are dealing with an injury claim, the process of litigation can seem overwhelming. There are numerous factors to consider and a variety of tactics that defendants could employ to delay or stall your case. The most important element of the process is the timeframe of your claim. You must submit your lawsuit within the legal deadline set by the statute of limitations or you risk being denied the claim. Another essential aspect of preparation is a convincing and well-written claim. This could include proving the defendant was negligent or that your injuries were the result of their actions. This is an essential element of any successful claim and should be the main the focus of your attorney's the pre-litigation meeting. Other aspects of a successful lawsuit include an exhaustive list of damages as well as an exact timeline of your injury's progression. The most important element of an effective claim is to make sure that you receive the most amount of compensation for your injuries, medical expenses and loss of income. The best way to be sure you receive the most from your claim is to speak with a seasoned personal injury lawyer as soon as you can after your accident. Trial The majority of personal injury cases settle themselves through settlements, which are generally the result of negotiations between the parties. Some cases do end up in court. This involves arguing the case to an impartial jury or judge who decides whether the defendant is responsible for the plaintiff's injuries and the amount of compensation they should receive. To begin the trial process we must file a complaint that contains the details of what happened and names the person whom you are seeking compensation from. The document is sent to the defendant and they are required to respond with an answer to your complaint. Afterward, your attorney will move into the process of determining the facts of the case, which is known as discovery. This will allow both parties to exchange evidence, including witness testimony documents, photographs, and video footage of the accident scene. This includes depositions, interviews, and physical examinations. Now comes the actual trial. This is where the lawyers from both sides will present their arguments and evidence to the judge. First, each side is required to present an opening statement in which they describe the facts of their case. The duration can range from 30 or 45 minutes for each side, based on size of the case as well as the number of witnesses. The jury will then be able to hear the closing arguments of both sides. These may last for a few minutes or longer, and they will discuss their claims and damages. The judge will then issue instructions to the jury. They will be provided with the legal guidelines they have to adhere to when making a decision. The jury will then deliberate on your case , and then make a decision. The verdict will then be reported to the judge for consideration. If they reach a verdict that they are in your favour they will then give you a verdict. If they are in the favor of the defendant they will not grant you a verdict and your case will be dismissed.