How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and make up for lost income. However many people are confused about how the process is carried out.

In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must be through.

Time to File

Each state has a statute that restricts the time you are required to start a lawsuit following an accident. If you do not submit your claim within this time frame it is usually dismissed.

After a case has been filed, the parties will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. This could take months, depending on the complexity of the case.

A good lawyer will offer a settlement. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

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

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. 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 the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts ticking when you are injured. There are a few exceptions to this rule, which can effectively stop it in certain situations. For instance the discovery rule permits you to file a case when you discover (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally disabled or underage. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

If a person wins an injury case is entitled to damages. These can include money to pay for the victim's medical care or lost wages, as well as the expenses caused by an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages will be determined by a jury on the basis of evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have used in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property and the value of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in all jacksonville injury attorney cases. However it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount you want. Then, both sides will talk alone with the mediator. Then, you'll exchange counteroffers and offers until you arrive at a settlement.

The aim of mediation is to come to an agreement where neither the negligent party nor injured party want to take to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to schedule a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case is not settled outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

During the trial, your lawyer will present a defense of peers before jurors. The jury will be responsible for determining if the defendant was negligent, Vimeo.com and should they be awarded compensation you will receive to pay for chunwun.com your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you deserve financial damages to cover these expenses and losses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict is issued by a juror or judge at a bench trial. It will determine whether the defendant was negligent, and if they were and the verdict is a financial one, how much are you entitled to.