How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical expenses or lost income, you could make a claim. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must go through.

Time to File

Each state has its own statute of limitations that defines the time period after an accident when you have to bring a lawsuit. If you don't file your claim in the timeframe the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this could take months.

At this point, a reputable lawyer will issue an offer for settlement. But, your lawyer is not able to make a demand until after you've reached the stage of maximum medical improvement and are as recovered as possible.

If you were injured by a government agency or a medical professional working for the government, you could be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more detail. Generally these cases are resolved more quickly than others.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick the day after the syracuse injury lawyer. There are some exceptions to this rule, which could cause it to stop in certain situations. For example the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

The statute of limitation can be extended or reduced in certain cases, such as when the plaintiff is younger or is mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

If a person wins a personal midland injury lawsuit lawsuit is entitled damages. These could include funds to pay for the medical treatment of the victim or lost wages, as well as the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

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

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave, are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages tend to be greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation isn't required for every injury case. However it can be utilized to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like to spend. Then, the two sides will talk alone with the mediator. Then, you'll go back and forth with offers and counteroffers to arrive at a settlement.

The purpose of mediation is achieving an agreement where neither the responsible party nor injured victim want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, injury even those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your lawyer may decide that trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case of peers before a jury. The jury will determine whether the defendant was negligent, and if they were then how much compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and financial damages are needed to pay for your expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by jurors or judges in a bench trial will determine whether the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.