How the Injury Lawsuit Process Works

If you have been injured in an accident and need to get compensation for medical bills or lost income, you may make a claim. Many people are unsure about the litigation process.

In this blog post, we'll review five legal milestones that each personal injury claim has to undergo.

Time to File

Each state has a statute of limitations that sets the time frame after an accident, you are required to start a lawsuit. If you don't file your claim within the time frame, it will most likely be dismissed.

Once a case is filed and the parties are able to begin a process of discovery, which involves exchanging information such as documents, witness testimony and depositions. This can take a long time, depending on the complexity of the case.

A good lawyer will present a settlement demand. However, your attorney cannot make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government entity or a doctor working for the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are very specific to each case. Your attorney will be able to explain these in more detail. In general the cases are faster to be resolved than other ones.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many kinds of personal wesley hills injury attorney cases, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in certain circumstances. The discovery rule, for instance permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain cases, the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally handicapped or coos bay injury Law firm underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. They could include compensation for the victim's medical costs or lost wages as well as other injuries-related costs. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have exercised in the same circumstance that led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property as well as the cost of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in higher general damages than minor or short-lasting injuries.

Mediation

Mediation is not required in every injury case. However it is often used to resolve a dispute without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, you'll make counter-offers and exchange offers for a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial and so the aim is to settle through mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complicated biddeford injury law firm cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been injured in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case has not been resolved outside of court. This will be based on your specific circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

Your lawyer will present your case to a jury during the trial. The jury will decide if the defendant was negligent and if they were then how much compensation is due to compensate your injuries, financial losses and other expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury in a bench trial. It will determine if the defendant was negligent or if they were, how much financial damages will you be awarded.