Filing a Personal Injury Case: Laws and Stages 

Individuals who file a personal injury claim must be aware of the state’s limitations of these claims. Being totally aware of this information often requires a deep understanding of civil procedure according to the state’s law. Victims of personal injury must ensure that they are being acquainted with these laws to avoid compromising their own personal injury case: 

Laws and Stages 

Statute of Limitations 

It is considered as a time limit in which the plaintiff (personal injury victim) must take legal action. If a person doesn’t take certain legal action by this given period of time, his/her claim can be barred forever. Usually, the required legal action in civil law is filing a lawsuit. On the other hand, it may be the right time by which an indictment should be issued or charges must be filed. In addition, there are statutes of limitations for the collection and repayment of debts. According to Code of Civil Procedure, a plaintiff must file a claim within 2 years of sustaining the harm. It means that the personal injury victim usually has 2 years to file a lawsuit from the date of his/her injury. 

A special rule applies when a personal injury victim didn’t learn about the harm earlier. This rule is legally called the Discovery of Harm rule. This is a special rule for personal injury victims who are not aware that they have sustained an injury. The personal injury victim may not fully determine the exact extent of his or her injury caused by an accident as well as may not be able to realize his/her condition until later.  In these circumstances, the clock doesn’t start ticking until the personal injury victim discovers the injury. The victim can then be able to file a personal injury lawsuit. However, the plaintiff must have to explain that the injury wasn’t discovered until a later date. This crucial information can be provided with the help of medical records. 

Personal Injury Case Stages 

Meeting With a Lawyer 

Meeting with an attorney can help you understand what will happen in your case. During your meeting with an injury lawyer after an accident, the first thing that he or she will do is to collect certain information from you about what happened. The length of this initial meeting can vary depending on the instances that led to your personal injuries. However, in straightforward cases such as vehicular accidents, the initial interview probably won’t take too long. In more complex cases such as injuries from defective products or medical malpractice, the first meeting will often take longer. 

  • Initial Court Papers to Start the Case 

The legal papers filed in court at the start of a case are called “pleadings.” Your personal injury lawyer should explain these to you in order to give you an in-depth understanding of which certain documents become a part of your case.  

  • Discovery and Fact Finding 

Since 1940, the federal court system of the United States has required disclosure of all documents and relevant facts to the other side before the trial, and this has been eventually followed by every state. The disclosure is basically accomplished by a methodical process called the discovery. This takes 3 basic forms; document production, written discovery, and depositions. In this case, you can also hire a private detective RI. 

 

 

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