How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical bills or lost income, it is possible to make a claim. Many people aren't sure about the litigation process.

This blog post will go over five milestones that all personal injury claims must pass through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident when you have to bring a lawsuit. If you fail to submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this can take months.

At this point, an experienced lawyer will make an offer for settlement. Your lawyer can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a doctor working for the government, you may have additional deadlines to adhere to in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", injury lawyer and are very specific for each situation. Your lawyer can explain them in greater detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states the statute of limitations "clock" starts ticking on the day that you were injured. There are exceptions to the rule which can stop it in certain situations. For example the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations could be extended or reduced in certain circumstances, such as when the plaintiff is underage or is mentally disabled. You should consult with an experienced injury lawyer to determine the particular statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

Anyone who prevails in an citrus heights injury attorney lawsuit is entitled to compensation. They may include compensation for the victim's medical costs or lost wages as well as other accident-related costs. Other types of damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have used in the same circumstance which led to your injury.

Special damages are usually simple to calculate, like the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation is not required in all injury lawyer cases. However, it can be used as a way 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 who is referred to as mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.

Neither the negligent party nor the injured victim wants to go to court, so the goal is to settle through mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most difficult injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for injury lawyer your situation. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney may decide that going to trial is required. This will depend on your personal circumstances, the strength of your evidence and the insurance company of the defendant's offer.

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

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to counter your claims and stop 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 issued by either jurors or judges in a bench trial, will determine if the defendant was negligent, and in the event of negligence, what amount of financial damages you are entitled to.