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What is Personal Injury Litigation? Personal injury litigation can be a legal process in which a person is injured because of the negligence of another party. It permits victims to pursue financial compensation for reputational, mental or physical damages caused by actions or inactions by others. The severity of your injuries will determine the extent of damage you could expect. There are two types of damages: general and special. Damages If someone is injured or their property damaged, they are likely to start a lawsuit to seek damages. This is a kind of tort law in which the plaintiff seeks financial compensation for the harm they have suffered due to the negligent acts or negligence of another person. Personal injury lawsuits can result in various damages which include compensatory and punitive damages. Both types of damages award money depending on the extent of harm caused by the defendant's negligence or intentional action. Compensatory damages, or “economic damages,” reimburse the plaintiff for their losses and expenses that result from the accident. This type of damages are typically granted to victims of auto accidents or trucking crashes or slip and falls or other accidents that result in financial loss or physical injuries. These awards are meant to make someone financially whole again after the incident, and they may include medical bills as well as lost wages and rehabilitation costs. They may also be used to pay for mental stress, pain, and loss of enjoyment. These awards are usually higher for severe injuries , such as brain trauma or broken legs. This is due to the fact that these injuries typically have a high medical cost and a long recovery period. The amount of economic damages will depend on the severity of the accident. It isn't easy to estimate. Therefore, it is important to keep accurate records of your expenses and losses. personal injury lawsuit providence will allow your attorney to determine the true amount and value of your claim. A well-documented history of your medical expenses as well as other losses can increase your chances of receiving full reimbursement from your insurance company. It is more difficult to determine non-economic damages, also known as “pain & suffering”. This is because suffering and pain often involves physical and emotional pain. The consequences can include depression, embarrassment, and PTSD (Post-Traumatic Stress disorder). A lawyer will assist you to determine the proper amount of your non-economic losses and build a strong case to obtain it. They will examine your doctor's records and interview witnesses to determine the extent of your pain, suffering, and loss. They will then present this evidence to jurors during the trial. Statute of limitations Each state has their own laws that set specific time limits for filing different kinds of claims. For personal injury litigation, these statutes generally allow for a two year time frame to bring an action against someone who has the harm they cause to you or your loved ones. The time limitations are designed to stop lawsuits from going on for a long time and to encourage potential plaintiffs to pursue their claims earlier rather than later. The reason is that with time evidence may disappear or stale , and a claim is difficult to prove in court. While the statute of limitations can be confusing, it's important to be aware that the clock begins ticking from the moment you're harmed or your claim is discovered. This is referred to as the “discovery rule.” As you can see, the deadline for filing a personal injury lawsuit can vary from one state another. The time frame for your specific situation will depend on several factors, such as the type and location of the claim. The normal time frame for personal injury claims in Pennsylvania is two years. This starts at the time of your injury. However, there are exceptions to this time limit that can either extend or shorten the deadline. One of the most common exceptions is the discovery rule. The discovery rule says that you must make a claim within a specified time after you are able to determine that your injury is caused by negligence of another party. If you're not sure when the deadline will start running in your situation it's important to speak with an experienced lawyer who can advise you on your rights and assist in obtaining the compensation you're due after being injured due to someone else's negligence or reckless actions. In certain situations the statute may be lifted or put on hold. This can be the case in cases where the plaintiff was not a minor and a defendant wasn't in the condition at the time the accident occurred. The tolling or suspension of the statute of limitations could aid in protecting your legal rights and ensure you get the justice you need after being injured as a result of someone else's negligence. Preparation A successful personal injury case requires preparation. You should be ready to argue your case, and you should have the right lawyer on your side. A competent personal injury lawyer will prepare a plan to present your case in court and determine whether the defendant is at fault. They will also have a plan to negotiate with the defendant to ensure that you receive the most compensation for your injuries. The process of suing isn't easy when it is a personal injury case. There are many factors to think about and a variety of tactics that defendants may use to delay or even derail your case. The most important element of the preparation is the timeline of your claim. You must file your lawsuit within the time limit set by the statute of limitations, otherwise you risk being denied your claim. Another important element of the preparation process is crafting a compelling argument. This could include proving the defendant was negligent or that your injuries resulted from their actions. This is an essential part of any successful claim. It must be the primary concern of your attorney during pre meeting with the court. Other aspects of a successful case include a comprehensive list of damages and a detailed timeline of the progression of your injury. A successful claim will ensure that you receive maximum compensation for your injuries, medical expenses and loss of income. Speak to a seasoned personal injury lawyer straight away following your accident is the best way to ensure you receive the maximum amount of compensation from your claim. Trial The majority of personal injury disputes resolve themselves through settlements that are usually the result of negotiation between the parties. However certain cases are resolved in court which is a procedure that involves arguing the case before a jury or judge who decides if the defendant is accountable for the plaintiff's injuries and also the amount of compensation they should receive. To begin the trial process we must file a complaint that describes what transpired and names the person whom you are seeking compensation from. The complaint is then served to the defendant and they are required to respond with an answer to your lawsuit. Your attorney will then move into the discovery phase of your case. This will allow both sides to exchange evidence such as witness statements, documents, and photographs of the scene of the accident. This includes depositions, interviews and physical examinations. After all of this preparation is done after which it's time to prepare for the trial itself. This is where the lawyers from both sides give their evidence and arguments to an impartial judge. Then, both sides is required to present an opening statement , in which they will outline the facts of their case. This can last for 30 or 45 minutes for each side, depending on the size of the case and number of witnesses. Then the sides will give their closing arguments before the jury. The closing statements can be either lengthy or short and will cover their claims and damages. The judge will then provide instructions to the jury, which will outline the legal standards they will be required to follow to reach a verdict. The jury will then consider on your case and make an informed decision. The decision will be reported back the judge for consideration. If they decide in your favor they will issue a verdict. If they are in the favor of the defendant, they will not award you a verdict and your case will be dismissed.