How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay medical bills and compensate for the loss of income. Many people are unsure of the process of litigation.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be through.

Time to File

Each state has a statute of limitations that sets the time period after an accident, you are required to bring a lawsuit. If you don't submit your claim within this time frame, it will almost always be dismissed.

After a case has been filed, the parties will begin an investigation process that involves exchanging documents, witness testimony, and depositions. This could take several months depending on the complexity of the case.

A good lawyer will then make a settlement request. Your attorney can only make this demand once you have reached maximum medical improvement.

If you were injured by a government agency or a doctor injury lawyer employed by the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. These are often called "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can explain them in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" begins to tick on the day you were injured. There are a few exceptions to the rule which can effectively stop it in certain cases. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is younger than. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your case. If you attempt to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as his or her 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 as well as lost wages and the costs that result from an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have applied in the same situation which led to your injury.

Special damages are usually simple to calculate, including the cost to repair or replace damaged property or the value of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation is not required in all injury law firm cases. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. In mediation, you can discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to find out what you're expecting and the amount you'd like to spend. Then, the two sides will have a private discussion with the mediator. After that, you'll exchange counteroffers and offers until you come to a resolution.

Both the party responsible for the negligence and the victim who was injured want to go to trial and so the aim is to settle in mediation. This is an essential step to avoid the lengthy and stressful litigation process. Even the most complicated oxnard injury attorney cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your lawyer may decide that trial is necessary. This will be based on your particular circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

Your lawyer will present your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so 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 show that the negligence of the defendant led to your injuries and financial damages are needed to cover your losses and expenses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, delivered by the judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, the amount of financial damages you should be awarded.