How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to get compensation for medical bills or lost income, you may bring a lawsuit. However many people are confused about how the process operates.

In this blog post, we will review five legal milestones that every personal injury lawsuit must be through.

Time to File

Each state has a statute which limits the time you must make a claim following an accident. If you don't file your claim within this period, it is most likely be dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. It could take a few months depending on the nature of the case.

A reputable lawyer will present a settlement demand. However, your attorney cannot make this demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can provide more details. In general these cases are quicker to resolve than other cases.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines are applicable to a variety of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states the statute of limitations "clock" starts to tick on the day you were injured. There are some exceptions to this rule that can stop it in certain circumstances. For instance, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitations may be extended or reduced in some cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your case. If you attempt to make a claim after the deadline has passed your case will most likely be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.

Damages

If a person wins an injury lawsuit is entitled damages. These could include funds to cover the cost of the medical treatment of the victim and lost wages as well as the expenses that result from an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have used in the same situation which resulted in your northfield injury Law firm.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an lafayette injury law firm prevents you from working or requires you to take vacation or sick leave are simple to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and Ephrata Injury law firm insurance firms use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually higher for severe injuries than for minor or short-term injuries.

Mediation

Although it isn't an obligatory element in any injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The two parties will sit down with the mediator. After that, you will exchange offers and counteroffers to arrive at a settlement.

The negligent party and the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of the courtroom, your attorney could decide that trial is necessary. This will be based on your particular circumstances, the strength of your evidence as well as the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will argue your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent and should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any amount. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, which is delivered by jurors or judges in a bench trial will decide if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.