How the Injury Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical expenses or lost income, you could file a lawsuit. Many people are unsure about the litigation process.

In this blog post, we will discuss five litigation milestones that every personal injury lawsuit must go through.

Time to File

Each state has a statute which limits the time you are required to bring a lawsuit following an accident. If you fail to submit your claim within this time frame, it is almost always dismissed.

Once a case is filed and the parties begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Depending on the complexity of your case, this can take months.

At this point, a reputable lawyer will make an agreement demand. The lawyer can only make this demand after you have reached maximum medical improvement.

If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater 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 is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents and 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" starts to tick when you are injured. There are exceptions to the rule which could cause it to stop in certain situations. The discovery rule, for instance allows you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in some cases for instance, when the plaintiff is underage or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the particular limitation period that applies to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled to damages. They may include compensation for medical costs as well as lost wages and other accident-related costs. Other types of damages are awarded to a person who suffers from emotional distress or loss of enjoyment in life 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 act with the level of care that reasonable people would have used in the same circumstance which resulted in your injury.

Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it's not a mandatory part of any kansas city injury lawyer case it can be used to settle a dispute without having a jury or judge decide on the outcome. At mediation, Kansas City Injury Lawyer you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you're expecting and how much money you'd like to spend. The two sides will talk alone with the mediator. Then, you'll be back and forth with offers and counteroffers to reach a settlement.

The purpose of mediation is achieving an agreement that neither the party who is at fault nor the injured victim want to go to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. If you're 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 a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your lawyer may decide that going to trial is required. This will be based on your individual circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

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

During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that the financial damages needed cover your losses and expenses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by jurors or judges in a bench trial will determine if the defendant was negligent, and if so, the amount of financial damages are entitled to.