How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical bills or lost income, you can start a lawsuit. However, many people are unclear about how the litigation process works.

In this blog post, we will discuss five litigation milestones that each personal injury claim has to be able to pass through.

Time to File

Each state has a statute that limits the amount of time you are required to make a claim following an accident. If you do not file your claim within the timeframe, it will almost always be dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.

At this point, a good lawyer will submit an offer of settlement. However, your lawyer can't issue a settlement demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

You may also be required to adhere to additional time limits if you've been injured by an entity of the government or by a doctor who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain these in more detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you have been injured. However there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for instance allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally impaired or underage. You should consult with an experienced injury lawyer to determine the particular statute of limitations that applies to your particular 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 damages. This could include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury based upon evidence presented to the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, including the cost to repair or replace damaged property as well as the amount of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation is not mandatory for every injury case. However, it can be used to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides on their own. You will then make counteroffers and exchange offers in order to reach a decision.

The party who is at fault and the victim of augusta injury lawsuit would like to go to trial, so the goal is to settle through mediation. This is a crucial step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will determine whether the defendant was negligent and if they were, how much compensation is due to cover your losses due to injuries, injury lawyer financial loss and other expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that the financial damages needed pay for your expenses and losses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, given by the judge or a jury in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.