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, it is possible to bring a lawsuit. Many people are unsure of the process of filing a lawsuit.

In this blog post, we will examine five key litigation milestones every personal injury case must be able to pass through.

Time to File

Each state has a statute of limitations that defines the time frame after an accident to bring a lawsuit. If you fail to submit your claim within the timeframe 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 can take a long time, depending on the complexity of the case.

At this point, a skilled lawyer will make an offer of settlement. However, your attorney cannot make a demand Vimeo until after you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

You may also have to adhere to additional time limits if you've been injured by an entity belonging to the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling, and are unique to each specific situation. Your attorney can explain them in greater depth. These cases are usually resolved faster than other types of cases.

Statute of limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day you were injured. However there are exceptions to this rule, which can effectively pause the clock in certain circumstances. For example the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitations could be reduced or extended. For instance, if the plaintiff is mentally handicapped or is younger than. It is recommended to consult an experienced carthage injury lawsuit attorney to determine the specific statute of limitations applicable to your particular case. If you try to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. These may include money to cover the cost of the victim's medical expenses, lost wages, and the costs caused by an accident. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property, and the amount of lost wages if an injury prevented you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it isn't an obligatory element in every injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then meet with both sides on their own. After that, you will exchange counteroffers and offers to arrive at a settlement.

The party who is at fault and the victim of injury would like to go to court 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 waseca injury lawsuit cases settle at mediation, even those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your particular circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that financial damages are needed to compensate for your losses and expenses. The defense will make use of evidence to argue your claims, and stop them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge, or a jury at the bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages should you be awarded.