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If negligence by someone else resulted in injury, the legal system can hold them liable for compensation for your losses. This can be applied to both economic and noneconomic losses.
The majority of injury claims are settled out of court. However, there are some cases that require a court trial. These trials are usually complicated and time-consuming.
Statute of Limitations
A statute of limitation sets deadlines when you can file a lawsuit against a person or business for a wrongful act. The statutes of limitation create an environment of fairness and practicality, so that legal actions do not drag on indefinitely.
In most personal injury claims the statute of limitations runs from the time you are injured. Certain states and situations could have exceptions to the statute of limitations that could delay or even stop it. For instance, if you are diagnosed with a condition like mesothelioma, personal Injury lawyer seattle which is caused by exposure to asbestos the statute of limitations will not begin to run until you discover or should have realized that your cancer is linked to the asbestos present in your home.
If you file a lawsuit after the statute of limitations has passed the lawsuit could be dismissed. In addition, the insurance company of the company or personal Injury lawyer seattle person who injured you won't negotiate with you if they believe your lawsuit is not legally valid.
If you're unsure if your case falls under the statute of limitation, it's important to get legal advice from a New York personal injury lawyer. At Goidel & Siegel, we will make sure that your case is filed within a reasonable time frame to ensure that you have the chance of receiving full compensation. Our firm will examine your case and determine if you might benefit from an exception which could extend or pause time.
Preparation
Many accident victims are uncertain about the lawsuit process and how long it will take. Our firm will sit down with you to discuss the process in detail. We can also help you understand how to prepare yourself for your first appointment with your attorney. This will involve gathering evidence such as receipts and medical bills and time stubs to show how much you have lost in wages and other important documents to support your claim.
We will then use this information to assess your current losses like medical costs along with property damage, suffering and pain. Your lawyer will utilize this evidence to negotiate with the insurance company of the party responsible. If you're unhappy with the settlement, your case will go to court.
You should not discuss any aspect of your injuries on social media or in any other public forum while you are working on your case. This will help you avoid any conflicting statements that could damage your case. It is also important to follow any treatment plan that your doctor has prescribed to you. If you don't comply with the plan, the court could reduce your award.
Your lawyer will be required to conduct depositions and request records from the defendant. This can take a long time, based on the complexity of your case. If no agreement can be reached during the discovery process, a trial will need to be scheduled.
Discovery
You've probably seen lawyers push carts that fold with cardboard boxes and Samsonite catalogs in courtrooms. Those cases and boxes contain pleadings and case documents obtained during what's probably the most important component of your personal injury lawyers san diego injury case--the discovery process.
The discovery phase allows the parties to a lawsuit to obtain information on the other party's position, including documents, physical evidence, and witness testimony. It is important to consult with a skilled injury lawyer to devise an effective plan to discover as much admissible and pertinent information as is possible while also protecting your confidential and privileged information.
During the process of discovery Your lawyer for injury will ask the defendant for documents that relate to your claim, such as financial statements emails, letters, receipts and photos. Your lawyer will request the defendant to provide any evidence that is physical for example, medical equipment, a vehicle or any other items. Your lawyer will also provide the defendant with a set of interrogatories. These questions are a requirement for the defendant to reply to them in writing under the oath.
You will be able to be a witness at your own deposition. This will take place in the presence of your attorney and an official from the court. If a settlement deal is not reached during the discovery phase the lawyer will file a "notice of issue and statement of readiness" which basically informs the judge that you are ready to go to trial.
Trial
Once your lawyer has all the required information gathered, they'll make a summons and a complaint against the party that injured you (known as the defendant). The complaint will detail your allegations about the way your injury occurred and the extent of harm caused to your loved ones and you as well as lost wages, medical expenses, and mental anguish. The Complaint also states that you expect to be compensated for the pain and suffering mental anguish, disfigurement, and loss of enjoyment in your life. In certain circumstances there may be compensation available for emotional distress or the loss of friendship between you and your spouse.
The defendant then has to hire an attorney, and file an answer to your Complaint within the specified time frame (usually 30 days). In their Answer, the defendant will admit or deny the allegations in your Complaint. They will also provide arguments as to why they shouldn't been held accountable for your injuries.
The next step is the trial. At trial, your attorney will present the facts of your case to an impartial jury or judge based on evidence gathered throughout your case. The attorney for the defendant will defend themselves. The judge or jury will decide whether the defendant is responsible for the accident and injuries you sustained, and, if so the amount they must compensate you. If you're unable to settle your case in court the case will be taken up for appeals when necessary.
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