How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical expenses or lost income, you could bring a lawsuit. Many people aren't sure about the process of litigation.

In this blog post, we will review five legal milestones that each personal injury claim has to be through.

Time to File

Each state has a statute which limits the time you must start a lawsuit following an accident. If you fail to submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed, the parties begin a process known as discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the nature of the case, this might take months.

At this point, a good lawyer will issue an offer of settlement. However, your attorney cannot issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government organization or a doctor firms employed by the government, you could be subject to additional time limitations that you must meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and firms are specific for each situation. Your attorney can explain them in greater depth. They are usually resolved faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally handicapped or underage. You should consult with an experienced de funiak springs injury lawyer attorney to determine the exact time limit that applies to your particular case. If you attempt to make a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. This could include money to pay for the medical treatment of the victim or lost wages, as well as the costs related to an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that defendant did not perform in a manner that a reasonable person would have done in the same situation. This led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property and the value of lost earnings if an rochester injury law firm prevented you from working or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. Severe injuries will generally result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be used to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you are expecting and how much you want. The two sides will talk alone with the mediator. After that, you'll go back and forth with offers and counteroffers to come to a resolution.

The goal of mediation is achieving an agreement in which neither the party who is at fault nor the injured party want to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Call us today to arrange a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be settled out of court. This will be based on your particular circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a defense of peers before a jury. The jury will decide if the defendant was negligent and if they were what amount of compensation should be awarded to cover your financial losses, injuries and other expenses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries, and that financial damages are needed to pay for your expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury at a bench trial. It will determine whether the defendant was negligent and, if they were in fact negligent, what amount of financial damages are you entitled to.