How the Injury Lawsuit Process Works

If you’ve been injured in an accident and you need to get compensation for medical bills or lost income, you may bring a lawsuit. However many people are confused about how the process works.

This blog post will talk about five milestones that all personal injury claims must pass through.

Time to File

Each state has its own statute of limitation that specifies the time frame after an accident to file a lawsuit. If you do not make a claim within this time frame, it will almost always be dismissed.

After a case has been filed and the parties begin an investigation process that involves exchanging documents witnesses’ testimony, Injury lawyers documents, and depositions. Depending on the complexity of your case, this can take months.

At this point, an experienced lawyer will issue an agreement demand. But, your lawyer is not able to make a demand until after you’ve reached the point of maximum medical improvement and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you’ve been injured by an entity belonging to the government or by a physician who is employed by the government. These are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your lawyer can explain them in more detail. These cases are typically resolved faster than other cases.

Statute of Limitations

If you wish to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations “clock” begins to tick on the day that you were injured. However there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for instance, allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is underage. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the deadline has passed the case could be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. They can include money for the victim’s medical costs, lost wages and injuries-related costs. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment because of an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that an average person would have applied in the same situation which led to your injury law firm lawyers (xilubbs.Xclub.tw).

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property, and the value of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. General damages tend to be higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation is not required for every injury case. However it can be used as a way to settle a dispute and avoid having a judge or jury decide 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 speak with both sides in a private setting. Then, you will make counter-offers and exchange offers to reach a resolution.

Both the party responsible for the negligence and the injured victim wants to go to trial, so the goal is to settle in mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, Injury lawyers even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today for an appointment with us for a no-cost consultation. We’ll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case has not been settled out of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant’s insurer.

During the trial, your attorney will present your case to peers to a jury. The jury will be responsible to determine if the defendant was negligent and, if so, how much compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the defendant’s negligence caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to counter your accusations and keep them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, handed down by the judge or a jury in a bench trial will determine if the defendant was negligent and if so, what amount of financial compensation you are entitled to.