How personal injury attorney bolingbrook can aid you in receiving the compensation you deserve regardless of whether you were the victim of a car accident or slip and fall.
Anyone who has violated an obligation of law can be sued for personal injury.
The plaintiff will seek compensation for damages they have incurred in the form of medical bills as well as lost income and suffering and pain.
Statute of Limitations
You have the legal right to file a personal injuries lawsuit against someone who has caused you harm due to their negligence or intentional act. This is known as a "claim." However, the statute of limitations restricts the time that you can start a lawsuit.
Each state has a statute of limitations that sets an exact time frame for the time you can file claims. It usually takes two years, but certain states have shorter deadlines for specific types of cases.
The statute of limitations is a key element of the legal process since it permits people to resolve civil cases in a timely way. It helps to prevent lawsuits from taking too long, which may result in frustration for the injured party.
Generally speaking, the statute limitations for personal injury claims is three years from the date of the accident or injuries that led to the lawsuit. There are many exceptions to this rule however they can be difficult to understand without the assistance of a skilled lawyer.
The discovery rule is an exception to the statute of limitations. It states that the statute will not begin to run until the injured person discovers that their injuries were resulted from or were caused by a negligent act. This applies to all types of lawsuits, like medical malpractice and personal injury.
This means that the moment you file a lawsuit against a negligent driver more than three years after the collision the case will most likely be dismissed. This is because the law requires you to be accountable for your own health and well-being.
The three-year personal injury statute does not apply to those who are legally incapacitated, or legally incompetent. This means that they cannot make legal decisions for themselves. This is a distinct case, so it is always recommended to discuss your personal injury matter with an attorney as soon as you can to ensure that the time limit is not surpassed.
In certain circumstances the statute of limitations can be extended by a juror or judge. This is particularly true in medical malpractice cases, where it is sometimes difficult to prove negligence.
Complaint
The first step in any personal injury lawsuit is the filing of an accusation. This document outlines your allegations as well as the liability of the party at fault and how much money you'd like to claim in damages. This document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse.
The complaint consists of numbered sentences that explain the court's authority to hear your case, describe the legal reasoning behind the allegations, and then state the facts that are relevant to your case. This is an essential part of your case since it serves as the foundation for your arguments and helps the jury understand the facts.
The lawyer will begin with "jurisdictional allegations" in the first paragraph of a personal injury lawsuit. These allegations inform the judge the court where you are suing, and often contain references to state statutes or court rules that allow you to pursue the matter. These allegations aid the judge determine whether the court has authority to hear your case.
The lawyer will then go over various facts relating to the accident, such as the date and time you were injured. These facts are vital to your argument because they form the basis of your argument that the defendant was negligent and therefore liable.
Depending on the type of claim the personal injury lawyer is likely to add other counts to the complaint. This could include breach of contract, infringement of the consumer protection law or other claims you may have against the defendant.
After the court has received a copyof the complaint, it will issue a summons to the defendant. This informs the defendant that you're suing them and provides them with an opportunity to reply. Otherwise, the defendant could be denied their case.
Your lawyer will then initiate the discovery process to collect evidence from the defendant. It could include taking depositionswhere witnesses are interrogated under an oath by the attorney.
Your case will now enter an investigation phase, where the jury will decide on your recovery. Your personal lawyer for injury will present evidence during the trial and the jury will make their final decision about your damages.
Discovery
Discovery is an essential step in any personal injury case. It involves the gathering and analysis of all evidence from the case that includes witness statements, medical bills, police reports and much more. Your lawyer must have these documents as soon as possible to present a strong argument for you and defend your rights in court.
During discovery the parties are required to give their responses in writing as well as under an oath. This helps prevent unexpected surprises later on during the trial.
While it can be an extended and complicated process however, it is crucial that your lawyer prepares you for trial. It also lets them build a stronger case and determine what evidence should be tossed out or excluded prior to appearing in the courtroom.
The first step in the discovery process is exchanging all relevant documents. This includes all relevant medical records, reports, photographs and other documentation relating to your injury.
The next step is that attorneys from both sides are entitled to request specific information from the other side. This includes police reports, medical records and accident reports.
These documents are vital to your case and can be used by your attorney to establish that the defendant was accountable for your injuries. They can also provide evidence of your medical treatment and the length of time that you were absent from work because of your injuries.
Your attorney can request that the opposing side admit certain facts during this phase. This will help them save time and money during trial. For instance, if suffer from an injury that you did not have before, you may need to disclose this information prior to your attorney can prepare for the case.
Another important aspect of the discovery process is taking depositions, which require people who testify under oath about the incident and their role in the lawsuit. This is often the most difficult aspect of discovery because it can take a lot of effort and time from both parties.
During discovery the insurance company representing the party at fault may offer to settle the claim in an acceptable amount. This is prior to when a trial is scheduled. Although this is a popular way to save money and time during trial, it's not a guarantee. Your lawyer will give you an opinion on whether the settlement offer is fair and assist you in determining the best strategy to move forward.
Trial
A personal injury trial is the most common type of legal action that you could pursue after being injured in an accident. It is the point at which your case is heard by the jury or a judge to determine if the party (who caused your injuries) is legally responsible for your damages, and if so it will determine how much you are entitled for the damages you suffered.
Your attorney will present your case to the jury or judge during the trial. The jury will decide if the defendant is to be held accountable for your injuries or damages. The defense will present their case and argue why they shouldn't be held accountable for the harm you've suffered.
The trial process usually begins with each party's attorneys giving opening statements, and then interviewing potential jurors to determine who is competent to decide your case. After the opening statements have been made, the judge provides instructions to the jury regarding what they should do before making their decision.
The plaintiff will present evidence at trial including witnesses, that supports their assertions. The defendant will, however, provide evidence to discredit those assertions.
Before trial each side of the case makes motions - formal motions to the court asking for specific actions they would like the judge to take. These motions may include requests for a specific piece of evidence or an order requiring the defendant to undergo physical examination.
After your trial, the jury will discuss your case and decide based upon all evidence presented. If you prevail, the jury will award you a sum of money for your damages.
If you lose, your opponent will be able to appeal. This could take months or even years. It's best to think ahead and make steps to defend your rights when you realize your case is heading towards trial.
The entire trial process can be very stressful and expensive. It is crucial to remember that you can avoid a trial by getting your case settled quickly and with fairness. A skilled personal injury lawyer will assist you in navigating the legal system and ensure that you receive the compensation you deserve for your losses as quickly as possible.