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What is Personal Injury Litigation? Personal injury litigation can be a legal process in which the victim is injured as a result due to the negligence of a third party. personal injury lawyer scottsdale permits victims to seek financial compensation for reputational, mental, or physical damage caused by actions or inactions by others. The amount of damages you can expect to receive will depend on the severity of your injuries. Damages are divided into two categories: general and special. Damages A lawsuit is filed to recover damages if a person is hurt or property is damaged. This is a form of tort law, where the plaintiff seeks financial compensation for the harm they've suffered due to the negligent actions or negligence of a person. There are various types of damages that can be recovered in personal injury litigation including punitive and compensatory damages. Both types of damages are awarded in proportion to the degree of harm caused by the defendant's negligence or intentional act. Compensatory damages, also referred to as “economic damages,” reimburse the plaintiff for their expenses and losses that result from the accident. This type of damages is typically given to victims of car accidents or trucking crashes as well as slip and falls or other incidents that cause financial loss or physical injuries. These awards are designed to help the victim financially secure following an incident. They could be based on medical bills, lost wages as well as rehabilitation costs. They are also designed to help with pain and suffering, mental anguish, and loss of enjoyment of life. In the event of serious injuries, like brain trauma or broken limbs the amount of compensation is often higher than those with less severe injuries. This is due to the fact that these injuries often have a high medical expense and a lengthy recovery time. The amount of economic damages will depend on the degree of the injury. It is often difficult to determine. This is why it is crucial to keep good documentation of your losses and expenses. This will allow your attorney to determine the true value of your claim. A well-documented 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, also referred to as “pain and suffering” are more challenging to quantify. Since pain and suffering typically encompasses both physical and emotional pain, it is more difficult to determine. These injuries can be anything from embarrassment to depression or PTSD (Post-Traumatic Stress Disorder). A lawyer can help you determine the appropriate amount of your non-economic damages, and then present an argument with conviction to receive it. They will look over your medical records and speak with witnesses to determine the amount of your pain, suffering, and loss. They will then disclose this evidence to jurors during trial. Limitations statute Each state has its own laws which set specific deadlines for filing different types of claims. Personal injury litigation generally allows for a two-year period for filing an action against someone who caused harm to your family or yourself. The time limitations are intended to prevent lawsuits from going on indefinitely and to encourage potential claimants to pursue their claims earlier rather than later. The reason is that as time passes evidence may disappear or stale and a case is difficult to prove in the court. While the statute of limitations isn't always easy to understand It is crucial to know that the clock begins ticking at the point you were injured or your claim was first discovered. This is known as the “discovery rule.” As you can see, the time frame for filing a personal injury claim will vary from state to state. The time limit applicable to your particular situation will be determined by a variety of aspects, including the nature and location of the claim. The standard timeframe for personal injuries claims in Pennsylvania is two years. This begins at the time of your injury. However there are some exceptions to this limitation that may extend or decrease the deadline. The discovery rule is among the most well-known exceptions. The discovery rule states that you must file a claim within certain period of time after you are reasonably able to determine that your injury is the result of the negligence of another. It is essential to speak with an experienced lawyer if you are unsure when the deadline will begin in your case. They can provide you with advice on your rights and assist you obtain the compensation you require after having been injured due to the negligence or reckless actions of a third party. Furthermore, the statute of limitations can be tolled (put on hold) in a number of circumstances. This includes cases where the plaintiff was not a minor and the defendant was not in the state at the time the accident occurred. In addition, a suspension or tolling of the statute of limitations could aid in protecting your legal rights and ensure that receive the justice you are entitled to after being injured by the negligence of another. Preparation Preparation is a crucial element in a successful personal injury claim. You must be prepared to make a convincing case, and have the right lawyer by your side. A reputable personal injury lawyer will have a plan for presenting your case in court and determining if the defendant is to blame. They will also have a plan for negotiating with the defendant and ensuring that you get the maximum amount of compensation for your injuries. The process of litigation can be daunting when it involves a personal injury case. There are many factors to consider , as well as a myriad of tactics that defendants may employ to delay or stall your case. The most important aspect of the preparation process is the time frame of your claim. Statutes of limitations in your state stipulate that you must file your lawsuit within the prescribed time or your claim could be dismissed. The other important aspect of the process is to craft a convincing argument. This could include proving that the defendant was negligent or that their actions caused your injuries. This is a crucial aspect of any successful claim and should be the main priority of your attorney in the initial meeting prior to litigation. Other aspects of a successful claim include a comprehensive list of damages and an extensive time-line of your injury's progress. A successful claim will ensure that you receive maximum compensation for your injuries, medical expenses, and loss of income. The best way to be sure you get the most out of your claim is to speak with an experienced personal injury lawyer as soon as you can after your accident. Trial The majority of personal injury disputes resolve themselves through settlements, which are generally the result of negotiations between the parties. However certain cases are resolved in court and a process which involves arguing the case before a judge or jury, who decides whether the defendant is accountable for the plaintiff's injuries as well as the amount of compensation they should receive. We must file a lawsuit describing the events that occurred and naming person you are seeking compensation. This document is sent to the defendant and they must reply to your lawsuit. Your attorney will then move into the discovery phase of your case. This permits both sides to exchange evidence, such as witness testimony, documents and photographs of the scene of the accident. This also includes taking depositions or interviews under oath and physical examinations. It's time to get ready for the actual trial. This is where the attorneys from both sides present their evidence and arguments before an impartial judge. Each side will first be asked to make an opening statement, during which they will state the facts of their case. Depending on the size of each case and the number of witnesses, this may take between 30 and 45 minutes for each side. Next each side will present their closing arguments before the jury. They may last some minutes or more and they will also discuss their claims and damages. The judge will then give instructions to the jury that will provide the legal standards they will need to follow in order to make a decision. The jury will then consider over your case and then make the decision. This decision will be reported back the judge for review. If the jury is in favor of you, they will give you the verdict. If they come down in favor of the defendant, they will not award you a verdict, and your case will be dismissed.