How the new braunfels injury law firm Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay your medical bills and compensate for the loss of income. Many people aren't sure about the process of litigation.

This blog post will cover five steps that all personal south miami injury attorney claims have to pass through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident that you must start a lawsuit. If you don't file your claim within this period, it is almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will make a settlement request. However, your lawyer cannot issue a settlement demand until you have reached the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government agency or a doctor working for the government, you could be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater depth. These cases usually settle faster than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range 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" starts ticking on the day you became injured. However there are exceptions to this rule, which can effectively pause the clock in certain circumstances. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the kent Injury lawsuit.

The statute of limitations may be reduced or even tolled in certain situations for instance, when the plaintiff is young or mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

A person who wins a personal injury lawsuit is entitled to damages. These can include money for the victim's medical costs, lost wages and accident-related costs. Other types of damages compensate a person who has suffered emotional distress or loss of pleasure due to an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working, or forces you to take vacation or sick leave, are easy to determine. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be greater for serious injuries than for minor or short-term injuries.

Mediation

While it is not an essential element of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers until you come to a resolution.

Neither the negligent party nor the victim who has been injured would like to go to court Therefore, the best option is to settle through mediation. This is an essential step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Call us today to arrange a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial in the event that your case cannot be 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 attorney will present your case to a jury during the trial. The jury will be responsible for determining whether the defendant was negligent, and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. After both sides have given their closing arguments and the jury deliberates. The verdict will be announced by a judge or jury at a bench trial. It will decide if the defendant was negligent or if they were, how much financial damages should you be awarded.