How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical bills or lost income, you could file a lawsuit. However many people aren't sure about how the process operates.

This blog post will talk about five stages that all personal injury claims have to go through.

Time to File

Each state has a statute that limits the amount of time you can make a claim following an accident. 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 are able to begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this may take months.

A good lawyer will submit a settlement request. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

You could also be required to adhere to additional time limits if you were injured by an entity belonging to the government or a medical professional who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can provide more details. Generally the cases are faster to be resolved than other ones.

Statute of limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to this rule, which could effectively pause it in certain situations. The discovery rule, for instance, allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In certain cases, the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim and the family members of the victim.

Damages

The person who wins an accident case is entitled to compensation. These can include money to cover the cost of the victim's medical treatment, lost wages, and the expenses that result from an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment in life because of an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that defendant did not behave in a way which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property or the value of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages, also known as pain and Mcfarland Injury Attorney suffering, are more difficult to calculate. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like an amount of 1.5 to 5. Serious injuries typically result in higher general damages awards than small or short-lasting injuries.

Mediation

While it is not an essential element of any morris elsmere injury lawsuit lawyer, vimeo.com, case it can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask you questions to find out what you're expecting and how much you want. The mediator will then talk with both sides at a time. After that, you will go back and forth with counteroffers and offers until you arrive at a settlement.

Both the party responsible for the negligence and the victim who was injured want to go to trial and so the aim is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been involved in a workplace accident or auto accident. Contact us today to schedule a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case is not settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your lawyer will present your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were, how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During the trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and the financial damages needed pay for your expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, delivered by the judge or a jury in a bench trial will determine if the defendant was negligent and central point Injury attorney if so, the amount of financial damages you are entitled to.