How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay your medical bills and make up for lost income. Many people are unsure about the process of litigation.

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

Time to File

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

After a case has been filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months depending on the complexity of the case.

A good lawyer will offer a settlement. However, your attorney cannot make a demand until after you've reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government agency or a physician working for the government, you may be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are generally called "discovery rules" or equitable tolling and are extremely specific to each situation. Your lawyer can explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to many different types of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

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

The statute of limitations could also be shortened or extended in certain cases in certain circumstances, for example, if the plaintiff is young or is mentally disabled. It is best to speak with an experienced lawyer for injury to determine the exact time limit that applies to your particular situation. If you attempt to make a claim after the time limit has expired the case could be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. They could include compensation for the victim's medical costs as well as lost wages and other injuries-related costs. Other damages could compensate the victim for the loss of enjoyment or emotional pain caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same circumstance, which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

While it's not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like. Then, the two sides will have a private discussion with the mediator. Then, you'll go back and forth with offers and counteroffers to find a solution.

Both the party responsible for the negligence and the victim of injury would like to go to court, so the goal is to settle through mediation. This is an essential step to avoid a lengthy and stressful litigation process. Even the most complicated Pocahontas injury attorney cases are settled via mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for pocahontas injury Attorney your case. Contact us today for an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the 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 made by the insurer of the defendant.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will determine if the defendant was negligent and if they were, how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that the financial damages needed cover your expenses and losses. The defense will make use of evidence to back up your claims, and stop them from having to pay you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be given by a judge or a jury at a bench trial. It will determine if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages will you be awarded.