How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to cover medical expenses and replace lost income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will discuss five litigation milestones that every personal injury lawsuit must undergo.

Time to File

Each state has a statute which limits the time you have to file a lawsuit after an accident. If you don't file your claim within the window, it will almost always be dismissed.

After a case has been filed the parties begin a process of discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the complexity of your case, this may take months.

At this point, a good lawyer will make an agreement demand. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are very specific to each case. Your attorney can explain them in more depth. Generally the cases are resolved more quickly than others.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many types of personal Marion Injury Law Firm claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to the rule that could effectively pause it in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the milford injury lawyer.

In certain circumstances, the statute of limitations may be shortened or even tolled. For example when the plaintiff is mentally impaired or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences on the victim and his or her family.

Damages

A person who wins in a personal injury case is entitled to damages. This could include money to cover the cost of the medical treatment of the victim, lost wages, and the costs related to an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or required you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. General damages are typically higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much you'd like to spend. The mediator will then speak with both sides in a private setting. Then, you'll make counteroffers and exchange offers in order to reach a decision.

The negligent party and the victim who was injured want to go to court and so the aim is to settle the matter in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you've been injured in a workplace accident or auto accident. Contact us today for an initial consultation for free. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case is not resolved outside of court. This will depend on your individual circumstances, your evidence and injury attorney the settlement offer made by the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury will be accountable for determining if the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages needed cover your expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have made their closing arguments and the jury deliberates. The verdict will be issued by a judge or a jury in the bench trial. It will decide if the defendant was negligent and, if they were the case, what financial damages are you entitled to.