How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical bills or lost income, it is possible to start a lawsuit. However many people aren't sure about how the process is carried out.

In this blog post, we will examine five key litigation milestones every personal injury case must go through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident that you must start a lawsuit. If you don't submit your claim within this time frame it is nearly always dismissed.

When a case is filed and the parties are able to begin a process of discovery. This involves exchanging information like witness statements, documents and depositions. This could take months depending on the nature of the case.

At this point, a reputable lawyer will make an agreement demand. Your attorney can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government entity or a medical professional working for the government, you may be subject to additional time limits that you must meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to clarify these more in detail. These cases are typically resolved faster than other cases.

Statute of limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many 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" starts ticking when you are injured. There are some exceptions to this rule, which can effectively stop it in certain situations. For instance the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can be reduced or even tolled in certain situations for instance, when the plaintiff is younger or is mentally disabled. Get an experienced north arlington injury law firm lawyer to determine the statute of limitations applicable to your situation. If you try to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating implications on the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to compensation. They could include compensation to cover medical expenses, lost wages and accident-related costs. Other damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same circumstance which resulted in your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property as well as the cost of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. General damages are typically greater for serious injuries than for short-term or minor injuries.

Mediation

Although it isn't an essential element of every injury case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine what you would like to settle and xilubbs.xclub.tw what your expectations are. The mediator will then discuss the matter with both sides at a time. You will then make counteroffers and exchange offers in order to reach a decision.

The negligent party and the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful process of litigation. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an auto accident or workplace hewitt injury law firm, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of court, your attorney may decide that a trial is necessary. This will depend on your personal circumstances, Summerville injury lawyer your evidence and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a case of peers before a jury. The jury will be responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages needed pay for your expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a juror or judge at a bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages could you be awarded.