How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay your medical bills and make up for lost income. Many people aren't sure about the litigation process.

This blog post will talk about five stages that all personal injury claims must go through.

Time to File

Each state has a statute which limits the time you have to file a lawsuit after an accident. If you do not file your claim in the timeframe the claim is almost always dismissed.

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

A good lawyer will then present a settlement demand. However, your lawyer cannot make this demand until you have reached the point of maximum medical improvement and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you've been injured by a government entity the government or a medical professional who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are specific to each particular situation. Your attorney can explain them in more detail. In general these cases can be quicker to resolve than other 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 wide range of personal injury claims which include car accidents, lawsuit medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to tick on the day you were injured. There are some exceptions to this rule, which can effectively stop it in certain situations. The discovery rule, for instance allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the fenton injury lawyer.

The statute of limitations could be extended or reduced in some cases for instance, when the plaintiff is underage or mentally disabled. You should consult with an experienced lawyer for injury to determine the specific statute of limitations that applies to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences on the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs related to an accident. Other types of damages compensate someone who suffers from emotional distress or lost enjoyment due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have applied in the same situation which led to your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property or the value of lost wages if an injury stopped you from working or forced you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to lead to higher general damages than minor or short-lasting injuries.

Mediation

Although it isn't a mandatory part of any injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like to spend. Then, both parties will discuss their differences with the mediator. You will then make counteroffers and exchange offers to reach a resolution.

Neither the negligent party nor the victim of injury would like to go to court Therefore, the best option is to settle the matter in mediation. This is an essential step to avoid the lengthy and stressful litigation process. Even the most difficult bentonville injury lawsuit cases can be settled through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. 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 attorney might decide that going to trial is necessary. This will be based on your specific circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will argue 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 the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages you receive are necessary to pay for your expenses and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge or a jury at the bench trial. It will determine if the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.