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 for medical expenses and replace lost income. However many people aren't sure about how the litigation process works.

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

Time to File

Each state has a statute that limits the time you are required to start a lawsuit following an accident. If you do not file your claim within this period, it is almost always be dismissed.

Once a case is filed the parties begin a process known as discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

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

You may also have to adhere to additional deadlines if you were injured by an organization of the government or by a doctor who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in more detail. In general these cases can be quicker to resolve than other cases.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. There are a few exceptions to this rule, which could cause it to stop in certain situations. The discovery rule, for example allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally disabled or is under the age of. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to receive damages. These can include money to pay for the medical treatment of the victim, lost wages, and the costs associated with an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to behave with the level of care that reasonable people would have used in the same situation which led to your ephraim injury law firm.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property, Clayton injury Attorney and the value of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering, are harder to quantify. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages are typically higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation isn't required in every injury case. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then meet with both sides alone. You will then make counter-offers and exchange offers to find a solution.

The negligent party and the victim of injury would like to go to court and so the aim is to settle through mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex lockport Injury law Firm cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been involved in an accident at work or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event that they were, how much compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the defendant's negligence caused your injuries and that you deserve financial damages to pay for the expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict, handed down by the judge or jury in a bench trial will decide if the defendant was negligent, and if so, what amount of financial compensation you are entitled to.