How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical expenses or lost income, you can file a lawsuit. However, many people are unclear about how the litigation process works.

In this blog post, we will discuss five litigation milestones that every personal injury case must go through.

Time to File

Each state has its own statute of limitations that sets the period of time following an accident, you are required to file a lawsuit. If you don't file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed, the parties will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this may take months.

A good lawyer will make a settlement request. The lawyer can only make this demand once 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 organization of the government or by a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. There are some exceptions to this rule, which could effectively pause it in certain instances. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the Alachua injury lawyer.

The statute of limitations could be extended or reduced in certain cases like when the plaintiff is young or is mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to damages. This could include money to pay for the victim's medical treatment as well as lost wages and the costs caused by an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value 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 referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. Severe injuries will generally result in higher general damages awards than small or short-lasting injuries.

Mediation

Although it's not a mandatory part of any los angeles injury lawsuit case mediation is a method to settle a dispute without having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The two parties will sit down with the mediator. Then, you'll make counter-offers and exchange proposals to reach a resolution.

The negligent party and the victim who was injured want to go to court Therefore, the best option is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle through mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been in a workplace accident or an auto accident. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case is not resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will provide evidence to argue your allegations and prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury in a bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages are you entitled to.