How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical bills or lost income, it is possible to make a claim. Many people are unsure of the procedure of suing.

In this blog post, we will review five legal milestones that every personal injury case must be through.

Time to File

Every state has a statute of limitations that sets the time frame after an accident to file a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.

When a case is filed the parties start a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

A good lawyer will make a settlement request. Your lawyer can only make this demand once you have reached maximum medical improvement.

If you were injured by a government entity or a medical professional working for the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can provide more details. Generally these cases can be resolved more quickly than others.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts to tick on the day you were injured. There are some exceptions to this rule that can stop it in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the oldsmar injury law firm.

In certain cases, the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally disabled or is younger than. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you try to file a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. These can include money to cover medical expenses or lost wages as well as other incident-related expenses. Other kinds of damages pay compensation to someone who suffers from emotional distress or lost pleasure because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the 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 situation, which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost earnings when an Saline injury Lawyer keeps you from working or forces you to take a vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. The most severe injuries are likely to lead to higher general damages than minor or short-lasting injuries.

Mediation

Mediation isn't required in every case of injury. However it can be utilized to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to find out what you expect and the amount of money you'd like. The two parties will discuss their differences with the mediator. Then, you'll alternate between counteroffers and offers to arrive at a settlement.

Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle through mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present your case to peers to the jury. The jury will determine whether the defendant was negligent and if they were what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.

During the trial your lawyer will present evidence to show that the defendant's negligence led to your injuries. They will also show that financial damages are required to cover your losses and expenses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either the judge or a jury in a bench trial will determine whether the defendant was negligent and, in the event of negligence, what amount of financial compensation you are entitled to.