How to File a Personal Injury LawsuitIf the negligence of someone else caused injury, the court system can hold them responsible to compensate you for your losses. This compensation will be able to cover the economic and non-economic damages.The majority of injury claims are settled out of court. However, there are cases that require an investigation. These trials are often complicated and time-consuming.Statute of LimitationsA statute of limitation imposes dates for when you may sue an individual or a company for an injury. The statutes of limitations provide fairness and practicality so that legal actions are not delayed for indefinitely.In the majority personal injury lawsuits the statute of limitations runs when you are injured. best personal injury lawyers and situations could have exceptions to the statute of limitations, which could delay or even stop it. For instance, if you have been diagnosed with an illness like mesothelioma, which is caused by exposure to asbestos the statute of limitations does not start to run until you have discovered or have realized that your cancer was linked to the asbestos that was in your home.If you make a claim after the statute has expired the chances are that your lawsuit will be dismissed. The insurance company of the person who caused the injury could also refuse to negotiate with you, if they are aware that your claim is not valid.If you're not sure if your case falls under the statute of limitations it's essential to seek legal advice from an experienced New York personal injury lawyer. At Goidel & Siegel, we will make sure that your case is filed within the appropriate timeframe to give you the chance to receive complete compensation. Our firm can also review your case to determine if it might benefit from an exception that could delay or even stop the time frame.PreparationMany victims of accidents have questions about the legal process and how long they will need to wait. Our firm can meet with you and give you a complete breakdown of what you can expect. We also will be able provide guidance on how to prepare for your first meeting with your attorney. This will include gathering evidence such as receipts and medical bills, time stubs that demonstrate the amount you've lost in wages, as well as other important documents to prove your claim.Once we have gathered all of the necessary information, it will be used to determine your current losses, like medical expenses, property damage, and pain and suffering. Your lawyer will then utilize this evidence to negotiate with the at-fault person's insurance company. If an adequate settlement is not reached the case will be brought to court.You should not discuss any aspect of your injury on social media or in any other public forum when you are preparing your case. This will allow you to avoid making statements that contradict or affect your claim. It is also very important to follow any treatment plan that your doctor has advised you of. Inability to follow the plan could result in the court reducing your compensation.Your lawyer will need to conduct depositions, and request documents from defendants. personal injury attorneys nyc could take a long time, based on the complexity of your case. If an agreement is not reached during the discovery phase, a trial should be scheduled. personal injury attorneys nyc If you've been in a courtroom, you've likely seen lawyers wheeling around Samsonite catalog cases and pushing carts stuffed with cardboard boxes. Those cases and boxes contain pleadings and case documents obtained during arguably the most important element of your personal injury lawsuit--the discovery process.The discovery phase allows the parties to a lawsuit to obtain information on the other party, such as evidence, documents, and witness testimony. It's important to work with an experienced injury lawyer to build a discovery plan from the beginning that reveals the most relevant, admissible information as you can and protects your confidential and protected information.During the process of discovery during the discovery process, your lawyer will request from the defendant documents relevant to your claim like financial statements, receipts, letters, emails and photos. Your lawyer will also ask the defendant to provide access to any evidence that is physical, such as an automobile, piece of medical equipment, and more. Your lawyer will then send the defendant an interrogatories along with a series of questions. These questions require the defendant to answer them in writing under the oath.You will also be given the opportunity to be a witness in your own deposition. The deposition will be conducted in the presence of your attorney and a court reporter. If no settlement is reached during the discovery phase then your lawyer will file a document called "notice of issue" and "statement of readiness" that basically informs the court that you are ready for trial.TrialAfter your lawyer has gathered all the relevant information they will file a summons and complaint (also called a defendant) against the person who injured you. The complaint will detail your allegations about how your injury occurred and the extent of harm caused to your loved ones and you and their families, including the loss of wages, medical expenses, and mental anxiety. The Complaint further states that you expect to be compensated for suffering and pain, mental anguish, impairment and loss of enjoyment in your life. In some cases you may be eligible for compensation for emotional distress or loss of companionship between you and your spouse.The defendant is then required to employ an attorney and file an answer to your Complaint in a certain timeframe (usually 30 days). In their Answer, they will either accept or deny your claims. They will also argue arguments for the reasons why they shouldn't held accountable for your injuries.The next step is trial. Your attorney will give the facts of your case to a judge or jury using evidence from your case. The attorney representing the defendant will present their case in defense. In the end, the judge or jury will determine whether the defendant is accountable for your injuries and accidents and, if they are and how much they are required to pay you. If you're unable to reach a settlement in court and the case is considered for appeal when necessary.