How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical bills or lost income, it is possible to start a lawsuit. However many people are confused about how the litigation process is conducted.

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

Time to File

Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you do not file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties are able to begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. This could take several months, depending on the complexity of the case.

A reputable lawyer will make a settlement request. But, your lawyer is not able to make a demand until after you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government agency or a doctor working for the government, you may have additional time constraints to comply with in addition the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to clarify these more in detail. They are usually resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations begins to run the day you've been injured. However, there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for instance, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In some instances the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury law firms attorney (www.insureitfast.com) to determine the precise limitation period that applies to your particular case. If you attempt to make a claim after the deadline has passed the case could be dismissed by the court. This could have devastating consequences on the victim as well as his or her family.

Damages

If a person wins an injury lawsuit is entitled damages. These could include funds to pay for injury attorney the medical treatment of the victim or lost wages, as well as the costs related to an accident. Other types of damages pay compensation to someone who suffers from emotional distress or loss of satisfaction because of 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 failed to take the proper care that an average person would have exercised in the same circumstance that led to your injury.

Special damages are usually simple to calculate, such as the cost to repair or replace damaged property, and the value of lost wages if an injury prevented you from working or forced you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not required in all injury cases. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you expect and the amount you want. Then, the two parties will sit down with the mediator. Then, you can make counter-offers and exchange offers in order to reach a decision.

The negligent party and the victim who was injured want to go to trial, so the goal is to settle the matter in mediation. This is an important step to avoid the long and stressful litigation process. Even the most difficult injury lawsuits cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of court, your attorney may decide that a trial is required. This will be based on your particular circumstances and the quality of your evidence and the defendant's insurance company's settlement offer.

Your attorney will argue your case before a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were what amount of compensation is due to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover the costs and losses. The defense will present evidence to counter the allegations you make and to prevent them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, given by a judge or jury in a bench trial, will decide if the defendant was negligent, and if so, what amount of financial damages should be awarded.