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, you may make a claim. Many people aren't sure about the process of litigation.

This blog post will go over five milestones that all personal injury claims must pass through.

Time to File

Every state has a statute of limitations that defines the amount of time after an accident to make a claim. If you fail to submit your claim within this time frame it is usually dismissed.

When a case is filed the parties start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

A good lawyer will then present a settlement demand. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity of the government or a doctor who works for the government. These are generally called "discovery rules" or equitable tolling and are extremely specific to each particular situation. Your attorney can explain them in greater detail. These cases usually settle faster than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states the statute of limitations "clock" begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain circumstances. The discovery rule, for example allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally disabled or is younger than. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to file a claim after the time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled to damages. This could include money to pay for the victim's medical treatment and lost wages as well as the expenses caused by an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property, and the value of lost wages if an Crete Injury Lawsuit kept you from working, or forced you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. In the majority of cases, severe injuries result in greater general damage awards than minor or temporary injuries.

Mediation

While it's not required in any injury case it can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then meet with both sides in a private setting. You will then make counter-offers and exchange offers to reach a resolution.

The party who is at fault and the injured victim wants to go to court and so the aim is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority christiansburg injury lawyer cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present your case to peers before a jury. The jury is responsible for determining if the defendant was negligent and in the event of negligence, what compensation you should receive to cover your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and that the financial damages needed cover your losses and expenses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, which is delivered by a judge or jury in a bench trial will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.