How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical expenses or lost income, you can bring a lawsuit. However many people are confused about how the process is carried out.

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

Time to File

Each state has a statute of limitations which defines the time frame after an accident when you have to make a claim. If you do not file your claim in the timeframe it is usually dismissed.

After a case has been filed the parties start a process called discovery that involves exchanging information like documents, witness statements and depositions. This could take several months, depending on the complexity of the case.

At this point, a reputable lawyer will make an offer for settlement. But, your lawyer is not able to make this 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 organization or a doctor employed by the government, you may have additional time constraints to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can clarify these more in detail. In general these cases are resolved more quickly than others.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it is important to file an gretna injury lawyer lawsuit before the statute of limitations runs out. These deadlines apply to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to this rule that can effectively stop it in certain situations. The discovery rule, for example permits you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

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

The amount of damages will be determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have exercised in the same circumstance, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or causes you to take a vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Although it isn't an essential element of every injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like to spend. Then, both parties will sit down with the mediator. Then, you will make counteroffers and exchange offers to reach a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court, so the goal is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most Montana Injury Attorney cases settle at mediation, even those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an appointment with us for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

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

Your attorney will present what is known as your case before a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent and, in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and the financial damages needed pay for your expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is given by the judge or jury in a bench trial, will determine if the defendant was negligent, and if so, what amount of financial compensation you should be awarded.