How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical bills or lost income, you may file a lawsuit. However many people aren't sure about how the litigation process works.

In this blog post, we'll review five legal milestones that every personal injury case must be through.

Time to File

Each state has a statute of limitations which defines the amount of time after an accident, you are required to start a lawsuit. If you do not file your claim within the period, it is almost always be dismissed.

After a case has been filed, the parties begin a process known as discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this may take months.

At this point, a good lawyer will submit an offer of settlement. Your attorney can only make this demand once you have reached maximum medical improvement.

If you've been injured by a government organization or a doctor working for the government, you could be subject to additional time limitations to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer can explain them in greater detail. They are usually resolved faster than other cases.

Statute of limitations

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

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

The statute of limitations may also be shortened or extended in some cases, such as when the plaintiff is young or has a mental disability. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations applicable to your case. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences on the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. These may include money to pay for the victim's medical care or lost wages, as well as the costs that result from an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional pain 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 perform the act with the same level of care that a reasonable person would have applied in the same circumstance which led to your gulf breeze injury law firm.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property, and the amount of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages, also referred to as pain and suffering are harder to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in greater general damages than those resulting from small or short-lasting injuries.

Mediation

While it is not an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you want. The mediator will then speak with both sides at a time. After that, you will exchange counteroffers and offers in order to come to a resolution.

Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle through mediation. This is a crucial step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today for an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of cases of crawfordsville injury lawsuit are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, the quality of your evidence and the insurance company of the defendant's offer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent and if they were then how much compensation is due to cover your losses due to injuries, financial loss, and expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages needed pay for your expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge or jury at the bench trial. It will determine if the defendant was negligent, and if they were and the verdict is a financial one, how much should you be awarded.