How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, you could bring a lawsuit. A lot of people aren't certain about the process of litigation.

In this blog post, we'll examine five key litigation milestones every personal injury claim must be able to pass through.

Time to File

Every state has a law that limits the amount of time you are required to file a lawsuit after an accident. If you don't file your claim within this timeframe, it will almost always be dismissed.

Once a case is filed and the parties are able to begin a process of discovery that involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this may take months.

At this point, a reputable lawyer will make a settlement demand. However, your lawyer cannot make a demand until after you've reached the point of maximum medical improvement and you are as healthy as possible.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or by a physician who is employed by the government. These are generally called "discovery rules" or equitable tolling, and are specific to each particular situation. Your lawyer can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to this rule, which could cause it to stop in certain circumstances. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the river Falls injury attorney.

In some cases the statute of limitation may be shortened or even tolled. For instance, if the plaintiff is mentally impaired or underage. You should consult with an experienced winder injury lawyer lawyer to determine the specific statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person wins a personal injury case is entitled to damages. This could include money to cover the cost of the victim's medical care as well as lost wages and the costs related to an accident. Other types of damages can provide compensation for lafayette injury law firm a person's loss of enjoyment or emotional pain caused by an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or forces you to take a vacation or sick leave are simple to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it's not an essential element of any injury case it can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. The mediator will then speak with both sides at a time. Then, you'll offer counteroffers and exchange ideas to find a solution.

Neither the negligent party nor the victim who was injured want to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you have been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case to peers to the jury. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries and the financial damages you receive are necessary to compensate for your losses and expenses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict is issued by a judge or a jury during the bench trial. It will decide whether the defendant was negligent or not, and if so, how much financial damages will you be awarded.