How to File a Personal Injury LawsuitThe legal system can make someone accountable for compensation in the event of negligence that led to your injury. This compensation will cover your non-economic and economic losses.The majority of injury claims are settled out of court. However, there are cases that require a trial. These trials can be arduous and long-winded.Statute of LimitationsA statute of limitation imposes deadlines for when you can sue an individual or firm for injury. Statutes of limitations are intended to ensure that legal proceedings don't extend indefinitely.In the majority of personal injury claims the statute of limitations starts to run when you are injured. However, certain states and circumstances have exemptions which can extend or halt the time limit. If you are diagnosed with mesothelioma (which is caused by asbestos), the time-limit will not begin until you've found or have realized the connection between your cancer and to asbestos in your home.If personal injury lawyers file your claim after the statute has expired, it is likely that your lawsuit will be dismissed. In addition, the insurance company of the person or company that injured you will not negotiate with you if it is known that your lawsuit is not valid.If you are unsure whether your case is within the time limit it is crucial to seek legal advice from a knowledgeable New York personal injury attorney . At Goidel & Siegel, we will make sure that your case is filed within the proper timeframe to give you the chance of receiving full compensation. Our firm can also review your case to determine if it would benefit from an exception that may extend or pause the time frame.PreparationMany accident victims are unsure about the lawsuit process and how long it will take. Our firm will sit down with you to discuss the process in detail. We will also show you how you can prepare for your first meeting with your attorney. This will need you to gather information like medical receipts and bills, time stubs indicating the amount of money you've lost and other documents that prove your claim.We will then use this information to determine your current losses such as medical expenses or property damage, as well as pain and suffering. Your lawyer will utilize this evidence in negotiations with the insurance company of the party responsible. If a satisfactory settlement is not reached your case will be brought to court.You should not discuss any aspect of your injury on social media or in other forums as you prepare your case. This will ensure that you do not make any conflicting statements that could damage your claim. It is also essential to follow any treatment plan that your doctor has prescribed to you. Inadequate follow-up could result in the court reducing your award.Your lawyer will need to take depositions and obtain records from the defendant. This can take a long duration, depending on the nature of your case. If an agreement is not reached during the discovery process, a trial will need to be scheduled.DiscoveryYou've probably seen lawyers pushing carts that fold up with cardboard boxes and Samsonite catalogs in courtrooms. These cases and boxes are filled with court documents and pleadings during what's probably the most important element of your personal injury lawsuit - the discovery process.The goal of the discovery phase is to allow each side to an action to request information from the other plaintiff which includes physical evidence, documents, and witness testimony. It is essential to work with an experienced attorney to create a plan of discovery starting from the beginning to uncover the most relevant, admissible information as is possible, and also protects your confidential and private information.During the process of discovery, your injury lawyer will request the defendant to provide documents that relate to your claim, such as financial statements, emails, letters, receipts and photos. Your lawyer will also request the defendant to access any evidence of physical nature, like an automobile, piece of medical equipment, and so on. Your lawyer will give the defendant interrogatories and a series questions. These questions will require the defendant to answer them in writing under oath.You will also have the opportunity to testify in your own deposition. The deposition will be conducted in the presence of your attorney and a court reporter. If a settlement is not reached during the discovery stage, then your lawyer will file a document called "notice of issue" and "statement of readiness", which basically informs the court that you are prepared for trial.TrialOnce your lawyer has all the relevant information, they will prepare a summons as well as a complaint against the party who injured you (known as the defendant). The complaint details your allegations regarding how your injury occurred, how much harm it caused you and your family, including the loss of wages and medical expenses. The Complaint also outlines your expectations of receiving compensation for your discomfort and suffering, mental anguish, physical disfigurement and loss of enjoyment life. In certain circumstances, you might also be able seek compensation for emotional distress or loss of intimacy with your spouse.The defendant will then need to engage an attorney and submit an Answer to your Complaint within a set period of time, typically 30 days. In their Answer, the Defendant will admit to or deny the allegations in your Complaint. They will also argue arguments for why they shouldn't be responsible for your injuries.The next step is trial. Your attorney will make use of evidence gathered throughout your case to present the facts of your case to a judge or jury at trial. personal injury lawyers representing the defense for the defendant will present their case. In attorney personal injury , the judge or jury will decide whether the defendant is accountable for your injuries and accident and, if they are the amount they are required to pay you. If you are unable to negotiate a settlement with the court the case will be taken up for appeals in the event of a need.