How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical bills or lost income, you may bring a lawsuit. However many people aren't sure about how the process is carried out.

In this blog post, we'll discuss five litigation milestones that every personal injury case must go through.

Time to File

Every state has a law that limits the amount of time you can file a lawsuit after an accident. If you don't file your claim in this time frame the claim is almost always dismissed.

Once a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. This could take months depending on the complexity of the case.

A reputable lawyer will make a settlement request. However, your attorney cannot make a demand until you have reached the point of maximum medical improvement and you are as healthy as possible.

You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your lawyer can explain them in more detail. Generally these cases can be quicker to resolve than other cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, m.042-527-9574.1004114.co.kr the statute of limitations "clock" starts ticking on the day you were injured. There are exceptions to this rule, which could cause it to stop in certain situations. The discovery rule, for instance permits you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the deadline has passed the case could be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

If a person wins a personal injury case is entitled to damages. This could include money to pay for the victim's medical treatment and lost wages as well as the expenses associated with an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost pleasure because of an accident.

The jury will decide the amount of damages based on the evidence presented in the 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 applied in the same circumstance which resulted in your albany injury lawsuit.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as 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 meet with both sides on their own. Then, you will make counteroffers and exchange offers for a resolution.

The purpose of mediation is to come to a settlement that neither the negligent party nor injured party want to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Most injury cases settle through mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present a case of peers to jurors. The jury will be responsible to determine if the defendant was negligent and, in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and Vimeo.com that you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any money. After both sides have given their closing arguments, the jury will deliberate. The verdict, delivered by a judge or jury in a bench trial, will determine if the defendant was negligent and if so, the amount of financial damages are entitled to.