How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical expenses or lost income, you could make a claim. However many people are confused about how the process operates.

This blog post will cover five milestones that all personal injury claims must be able to pass through.

Time to File

Every state has a law which limits the time you can make a claim following an accident. If you don't submit your claim within this time frame it is nearly always dismissed.

After a case has been filed the parties begin a process of discovery that involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of your case, this could take months.

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

If you've been injured by a government agency or a physician working for the government, you may be subject to additional time limits to adhere to in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can clarify these more in detail. They are usually resolved faster than other cases.

Statute of limitations

If you want to increase your chances of getting fair compensation, it is important to file an Walnut Creek Injury Attorney lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal beloit injury attorney claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after the injury. There are exceptions to this rule that could effectively pause it in certain circumstances. The discovery rule, for example allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain cases in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses as well as lost wages and other injuries-related costs. Other kinds of damages pay compensation to someone who has suffered emotional distress or lost enjoyment in life because of an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to behave with the level of care that reasonable people would have exercised in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also referred to as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages tend to be greater for serious injuries than for short-term or merced Injury lawsuit minor injuries.

Mediation

Mediation is not mandatory in every injury case. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you expect and how much you want. The mediator will then discuss the matter with both sides on their own. Then, you will make counteroffers and exchange offers for a resolution.

The party who is at fault and the victim of injury would like to go to court Therefore, the best option is to settle through mediation. This is a vital step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at a convenient place in 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 depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if so, how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your expenses and losses. The defense will present evidence to refute your claims and stop them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a juror or judge during the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages should you be awarded.