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, it is possible to bring a lawsuit. However many people are confused about how the process is carried out.

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

Time to File

Each state has a statute that limits the time you have to bring a lawsuit following an accident. If you don't file your claim within this timeframe, it will almost always be dismissed.

Once a case is filed the parties start a process called discovery, which involves exchanging information like documents, witness statements and depositions. This could take several months depending on the complexity of the case.

A reputable lawyer will present a settlement demand. Your attorney can only make this demand once you have achieved your maximum medical improvement.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or by a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it is essential to file an conneaut injury lawsuit lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to tick the day after you have been injured. There are exceptions to this rule that can stop it in certain situations. For example the discovery rule permits you to file a case when you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can also be shortened or extended in certain cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to file a claim after the time limit has expired the case could be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They can include money for the victim's medical costs, lost wages and injuries-related costs. Other types of damages compensate someone who suffers from emotional distress or loss of pleasure because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to take the proper care that a reasonable person would have used in the same circumstance that led to your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property and the cost of lost wages if an injury kept you from working or forced you to take time off or sick. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. Severe injuries will generally result in greater general damages awards than smaller or less-permanent injuries.

Mediation

While it's not a mandatory part of any seaside injury law firm case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. After that, you will exchange counteroffers and offers to find a solution.

The purpose of mediation is to come to an agreement where neither the party who is at fault nor sahuarita Injury law firm the injured party want to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most Sahuarita Injury Law Firm (Vimeo.Com) cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been injured in an accident at work or in an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your attorney will argue your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by jurors or judges in a bench trial will determine if the defendant was negligent and, if so, what amount of financial damages should be awarded.