How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay medical bills and make up for lost income. A lot of people aren't certain about the process of litigation.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must go through.

Time to File

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

After a case has been filed, the parties begin a process of discovery, which involves exchanging information like documents, witness statements and depositions. This could take months depending on the nature of the case.

A reputable lawyer will offer a settlement. However, your lawyer can't make a demand until after you have reached the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government entity or a physician working for the government, you could be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are unique to each case. Your attorney can explain them in greater depth. These cases usually settle faster than other cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many different types of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. There are a few exceptions to this rule that can stop it in certain instances. The discovery rule, for example permits you to file your case as soon when you have discovered (or shinhwapack.co.kr would have discovered if you had taken reasonable care) the birmingham injury attorney.

The statute of limitation can also be shortened or extended in some cases, such as when the plaintiff is young or is mentally disabled. You should consult with an experienced el monte injury lawsuit lawyer to determine the exact statute of limitations that applies to your case. If you try to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins an injury case is entitled to damages. These can include money for the victim's medical costs or lost wages as well as other accident-related costs. Other damages could provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to 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 are generally easy to calculate, such as the cost of repairing or replace damaged property or the cost of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to quantify. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Mediation isn't mandatory in every injury case. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides on their own. After that, you will alternate between counteroffers and offers in order to arrive at a settlement.

Both the party responsible for the negligence and the injured victim wants to go to trial and so the aim is to settle in mediation. This is an essential step to avoid the long and stressful process of litigation. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you've been involved in a workplace accident or auto accident. Contact us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your lawyer may decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury will decide whether the defendant was negligent and, if they were the amount of compensation that is due to cover your injuries, financial losses and other expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are required to cover your losses and expenses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay you any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be issued by a juror or judge at a bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much will you be awarded.