How a Personal Injury Lawsuit Works

A personal injury lawsuit could provide you with the money you deserve, regardless of whether you were the victim of a car accident or slip and fall.

Any person who has violated an obligation of law can be sued for personal injury.

The plaintiff will seek compensation for the losses they have suffered, including medical bills as well as lost income and pain and suffering.

Statute of Limitations

You have the legal right to file a personal injuries lawsuit against someone who has caused you harm by their negligence or intentional act. This is known as a “claim.” However, the statute of limitations restricts the time you can make a claim.

Each state has its own statute of limitations which sets the time frame for the time you can make an action. The typical timeframe is two years, however some states have shorter deadlines for certain types of cases.

Since it permits individuals to resolve civil issues quickly and efficiently, the statute of limitations is an essential element of the legal procedure. It also prevents lawsuits from being intractable and can be a huge source of stress for those who have suffered injury.

The limitation period for personal injuries claims is generally three years from the date of the accident or injury that led to it. There are several exceptions to this general rule however they can be difficult to understand without the assistance of a knowledgeable lawyer.

The discovery rule is an exception to the statute of limitations. It states that the statute of limitations will not run until the person who is injured realizes that their injuries were resulted from or were caused by a wrongful act. This applies to all types of lawsuits, like personal injury law firm injury and medical malpractice.

In the majority of instances, this means that if you are injured by a negligent driver and file your lawsuit at least three years after the accident it is likely to be dismissed. This is because the law expects you to take responsibility for your health and well-being.

The three-year personal injury statute does not apply to victims who are legally incapacitated or legally incompetent. This means they are unable to make legal decisions for themselves. This is a unique circumstance and it is essential to consult with an attorney as soon as possible to ensure that the deadline doesn’t run out.

A jury or judge can extend the time limit for a statute of limitations in certain instances. This is particularly true for medical malpractice cases where it is sometimes difficult to prove negligence.


The first step in any personal injury lawsuit is to file an accusation. The complaint outlines the allegations you have, the at-fault party’s liability and the amount you want to ask for in damages. This document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse.

The complaint consists of numbers that outline the court’s authority to hear your case, describe the legal basis for the allegations, and then state the relevant facts to your case. This is an important part of your case as it is the basis for your arguments, and helps the jury understand the facts.

In the initial paragraphs of a personal injury complaint, your attorney will begin with “jurisdictional allegations.” These allegations tell the judge the court where you are suing, and often include references to the state laws or personal injury court rules that permit you to pursue the matter. These allegations can aid the judge in determining whether the court has the power to hear your case.

The attorney will then discuss the various facts relating to the accident, such as the time and manner in which you were injured. These details are crucial to your case since they form the foundation for your argument on the defendant’s negligence , and consequently responsibility.

Your personal injury lawyer may include additional charges based on the nature and severity of the claim. This could include the breach of contract, violation of the consumer protection law or other claims you might have against the defendant.

Once the court has received a copy, it will issue a summons out to the defendant. This informs them that you are suing them and provides them with a time limit to respond. The defendant must reply to the suit within that timeframe or else they’ll be at risk of being dismissed from the case.

Then, your attorney will begin a process of discovery that involves gathering evidence from the defendant. This could involve taking depositions in which people are asked questions under oath by your attorney.

Your case will then go through the trial phase, personal injury during which a jury will decide your compensation. During the trial your personal injury lawyer will present evidence to the jury, and they’ll make the final decision regarding your damages.


Discovery is an essential step in any personal injury case. It involves the gathering and analysis of all evidence from the case which includes statements of witnesses, police reports, medical bills and more. It is important for your lawyer to obtain this information as soon as they can, so that they can build a strong case on your behalf and defend your rights in court.

During discovery the parties are required to give their responses in writing as well as under the oath. This will help prevent unexpected surprises later on during the trial.

Although this can be lengthy and challenging it is vital that your lawyer prepares you for trial. This helps them create a stronger case, and to determine what evidence should go out of court.

The first step in the process of discovery is to exchange all relevant documents. This includes all relevant medical records, reportsand photographs and other documents relating to your injury.

Attorneys on both sides are permitted to request specific information from the other side. This could include medical records or police reports, accident reports and reports on lost wages.

These documents are crucial to your case and they will help your lawyer prove that the defendant is responsible for your injuries. These documents can also demonstrate the extent of your medical treatment as well as how long you missed work due to your injuries.

Your lawyer can request that the opposing side acknowledge certain facts during this stage. This will help them save time and money during trial. It is possible to disclose an existing injury prior to the trial to your attorney to ensure that they can properly prepare.

Depositions are a crucial part of the discovery process. They require witnesses to provide testimony under oath regarding the incident and their roles in the lawsuit. This is typically the most difficult aspect of discovery because it can require a lot of effort and time from both sides.

During discovery, the at-fault party’s insurance company may offer to settle the claim with a fair amount before trial in the court. This is a common practice to avoid wasting time and money for a trial however it isn’t an assurance. Your lawyer will give you an opinion on whether the settlement offer is fair and can help you determine the best strategy to move forward.


A personal injury trial is the most popular type of legal action you can take after being injured in an accident. It is the point at which your case is heard by an arbitrator or judge to determine if the party (who caused your injuries) is legally responsible for your damages, and if so the amount you are entitled to for those damages.

Your attorney will argue your case before the jury or judge during the course of a trial. The jury will decide if the defendant should be held responsible for your injuries or damages. The defense, on the other hand will offer their version of the story and try to convince the judge why they should not be held liable for your injury.

The trial process typically begins with each attorney delivering opening statements and then examining potential jurors to determine who will be able to help decide your case. After the opening statements are given, the judge will read the jury an instruction on what they should consider prior to making their decisions.

The plaintiff will present evidence at trial, including witnesses, that will support their claims. The defendant, on the other hand will present evidence in support of those claims.

Before trial each side of the case files motions . These are formal requests to the court asking for specific actions they want the judge to take. These motions could include requests for evidence or an order that the defendant must undergo a physical exam.

After your trial, the jury will discuss your case and come to a conclusion on the basis of all evidence presented. If you win the trial, the jury will award money to compensate you for your losses.

If you lose, your opponent can appeal. This could take months, or even years. It’s important to prepare ahead and take steps to ensure your rights the moment you notice the case is headed towards trial.

The whole process of a trial could be very stressful and costly. The most important thing to keep in mind that the best method to avoid trial is to resolve your case quickly and fair. A professional personal injury lawyer can assist you in navigating the process and ensure that you receive the compensation you deserve for your injuries as soon as possible.