How the Injury Lawsuit Process Works

If you've been injured by an accident and injury lawsuit are unable to recover damages for medical expenses or lost income, you could make a claim. Many people aren't sure about the litigation process.

This blog post will talk about five important milestones that all personal injury claims must be able to pass through.

Time to File

Each state has its own statute of limitations that sets the period of time following an accident when you have to start a lawsuit. If you fail to submit your claim within this time frame the claim is almost always dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this could take months.

A reputable lawyer will submit a settlement request. However, your attorney cannot make this demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limitations that you must 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 attorney can explain them in more detail. Generally these cases are faster to be resolved than other ones.

Statute of limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal georgia injury attorney cases, including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be extended or reduced in certain circumstances for instance, when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury attorney to determine the exact statute of limitations that applies to your case. If you try to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. They can include money for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other types of damages are awarded to a person who suffers from emotional distress or lost satisfaction because of an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same circumstance, which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. Serious injuries typically result in greater general damages awards than smaller or less-permanent injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be used to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides alone. After that, you will be back and forth with counteroffers and offers to come to a resolution.

Both the party responsible for the negligence and the victim of injury would like to go to court and injury lawsuit so the aim is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been in an accident at work or an auto accident. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been resolved outside of court. This will be based on your individual circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a defense of peers to the jury. The jury will decide if the defendant was negligent, and if they were, how much compensation is due to compensate your injuries, financial losses and other expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages needed pay for your expenses and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, which is handed down by the judge or jury in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.