How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical expenses or lost income, you can start a lawsuit. Many people aren't sure about the procedure of suing.

This blog post will discuss five milestones that all personal injury claims have to pass through.

Time to File

Each state has a statute of limitation that specifies the period of time following an accident that you must bring a lawsuit. If you don't submit your claim within this time frame, it is almost always dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of the case, this might take months.

At this point, a good lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in more detail. They are usually resolved faster than other types of cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In most states the statute of limitations "clock" starts ticking on the day that you were injured. However, Injury Law firms there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitation may be shortened or tolled. For instance, if the plaintiff is mentally disabled or is younger than. Consult an experienced injury law firm lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

A person who wins in an injury case is entitled to damages. They may include compensation for medical costs as well as lost wages and other injuries-related costs. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

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

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost wages if an injury stopped you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. The most severe injuries are likely to result in higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation is not required in every injury law firms (Xilubbs Xclub wrote in a blog post) case. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you expect and the amount of money you'd like. The mediator will then talk with both sides at a time. After that, you will alternate between counteroffers and injury Law Firms offers in order to reach a settlement.

The party who is at fault and the victim of injury would like to go to trial and so the aim is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been injured in a workplace accident or auto accident. Call us today to arrange a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your attorney may decide that going to trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a defense of peers to a jury. The jury will determine if the defendant was negligent and if they were the amount of compensation that should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, which is issued by either jurors or judges in a bench trial will determine if the defendant was negligent and if so, what amount of financial damages are entitled to.