How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical bills or lost income, it is possible to bring a lawsuit. However, many people are unclear about how the litigation process works.

This blog post will cover five stages that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitations that defines the time period after an accident to start a lawsuit. If you don't file your claim within this timeframe, it will most likely be dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of the case, this might take months.

At this point, a good lawyer will present an agreement demand. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government organization or a physician working for the government, you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in more detail. In general, these cases are solved more quickly than other cases.

Statute of limitations

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

In most states the statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule that can effectively stop the clock in certain situations. For instance, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your gary injury lawyer.

In some instances the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally disabled or injury lawyer is younger than. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your case. If you attempt to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences on the victim as well as the family members of the victim.

Damages

A person who is awarded an injury lawsuit is entitled to damages. These can include money to pay for the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other kinds of damages are awarded to a person who has suffered emotional distress or lost enjoyment due to an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same circumstance which led to your mint hill injury lawsuit.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are simple to determine. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides on their own. Then, you'll offer counteroffers and exchange ideas in order to reach a decision.

The purpose of mediation is to arrive at an agreement where neither the negligent party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial if your case is not resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

Your attorney will present what is known as your case to a jury during the trial. The jury is responsible for determining whether 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 lawyer will present evidence to show that the defendant's negligence led to your injuries and that the financial damages you receive are necessary to cover your expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or jury at a bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages could you be awarded.