How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, it is possible to start a lawsuit. A lot of people aren't certain about the process of litigation.

This blog post will cover five important milestones that all personal injury claims have to be able to pass through.

Time to File

Every state has a statute of limitations that defines the time frame after an accident that you must start a lawsuit. If you do not make a claim within this window, it will most likely be dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. It could take a few months depending on the nature of the case.

At this point, a good lawyer will submit an agreement demand. The lawyer can only make this demand once you have achieved your maximum medical improvement.

If you've been injured by a government organization or a medical professional working for the government, you may have additional time constraints to adhere to in addition to the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are unique to each case. Your lawyer can explain them in greater depth. These cases are typically resolved faster than other types of cases.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different types of personal sandy springs injury lawyer claims, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In most states the statute of limitations "clock" starts ticking when you are injured. There are exceptions to this rule that could cause it to stop in certain circumstances. For instance the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury.

The statute of limitations may be extended or reduced in certain situations in certain circumstances, for example, if the plaintiff is younger or has mental disabilities. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

If a person wins an injury case is entitled to compensation. They may include compensation for the victim's medical costs or lost wages as well as other incident-related expenses. Other damages can compensate a person for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have used in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property or the amount of lost wages if an injury kept you from working or caused you to take time off or sick. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in greater general damages awards than minor or temporary injuries.

Mediation

Mediation is not required in every case of injury. However it can be utilized to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you want. The mediator will then talk with both sides in a private setting. Then, you will make counter-offers and exchange offers for a resolution.

The negligent party and the victim of injury would like to go to court therefore the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated mesa injury law firm cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your lawyer will present your case to a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent and should they be awarded compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, which is delivered by the judge or jury in a bench trial, will determine if the defendant was negligent and if so, the amount of financial damages you are entitled to.