How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, it is possible to bring a lawsuit. Many people are unsure about the process of litigation.

This blog post will cover five milestones that all personal injury claims have to go through.

Time to File

Each state has a statute that limits the time you must bring a lawsuit following an accident. If you fail to submit your claim within this time frame the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

At this point, an experienced lawyer will present an offer for settlement. Your attorney can only make this demand after you have achieved your maximum medical improvement.

If you were injured by a government organization or a doctor employed by the government, you could be subject to additional time limits to meet in addition to the standard statute of limitations. These are generally called "discovery rules" or Wilmington injury lawsuit equitable tolling and are extremely specific to each particular situation. Your attorney can explain them in greater detail. In general the cases are resolved more quickly than others.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. 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 the majority of states, "the clock" of the statute of limitations begins to run the day you were injured. There are exceptions to this rule, which can effectively stop it in certain instances. For example the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury law firm.

The statute of limitations may be reduced or even tolled in certain circumstances like when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the exact time limit that applies to your case. If you attempt to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical treatment and lost wages as well as the costs caused by an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of pleasure due to an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have exercised in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property, and the value of lost wages if an injury stopped you from working or required you to use sick or vacation time. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. The most severe injuries are likely to result in higher general damages awards than minor or short-lasting injuries.

Mediation

Although it isn't an obligatory element in every wilmington injury lawsuit case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two parties will sit down with the mediator. You will then offer counteroffers and exchange ideas to reach a resolution.

The purpose of mediation is to come to an agreement that neither the negligent party nor injured victim want to go to court. This is a vital step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Call us today to arrange an initial consultation for free. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case cannot be settled outside of court. This will be based on your particular circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your attorney will present your case to peers to a jury. The jury is responsible to determine if the defendant was negligent and should they be awarded compensation you'll receive to cover your injuries, expenses and wilmington injury Lawsuit financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, issued by either a judge or jury in a bench trial will decide if the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.