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 for medical expenses and to make up for lost income. However there are many who aren't clear about how the process is carried out.

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

Time to File

Each state has a statute which limits the time you can bring a lawsuit following an accident. If you don't make a claim within this window, it will most likely be dismissed.

After a case has been filed and the parties are able to begin a process of discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this can take months.

A reputable lawyer will present a settlement demand. However, your lawyer cannot make this demand until you are at the point of maximum medical improvement and are as recovered as possible.

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

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts ticking when you are injured. However there are exceptions to this rule that could effectively stop the clock in certain circumstances. For example the discovery rule allows you to file a case when you find (or injury law firm should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or tolled in certain situations for instance, when the plaintiff is young or has mental disabilities. You should consult with an experienced lawyer for injury to determine the specific statute of limitations applicable to your particular case. If you attempt to make a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. This could include money to cover the cost of the victim's medical expenses or lost wages, as well as the expenses caused by an accident. Other kinds of damages pay compensation to someone 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 the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have used in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property, and the value of lost wages if an injury prevented you from working, or forced you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. The most severe injuries are likely to result in higher general damages than minor or temporary injuries.

Mediation

While it's not an essential element of every injury lawyer case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides alone. Then, you can make counter-offers and exchange offers to find a solution.

The purpose of mediation is to arrive at an agreement where neither the party who is at fault nor the injured party want to take to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most complex Weslaco Injury law Firm cases are settled at mediation. If you're involved in an auto accident or workplace natchitoches injury lawsuit, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to arrange a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your attorney will present your case to a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and, should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that the financial damages needed pay for your expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge, or a jury at the bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.