How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and replace lost income. Many people are unsure of the litigation process.

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

Time to File

Every state has a statute of limitations which defines the period of time following an accident to make a claim. If you do not file your claim in this time frame it is nearly always dismissed.

When a case is filed, the parties begin a process of discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

A reputable lawyer will present a settlement demand. Your attorney can only make this demand after you have attained the highest level of medical improvement.

You may also have 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. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater detail. These cases usually settle faster than other types of cases.

Statute of limitations

It is crucial to file a lawsuit for personal oswego injury lawyer before the statute of limitations in your state runs out. These deadlines are applicable to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule that could effectively pause the clock in certain cases. The discovery rule, for example allows you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain circumstances, such as when the plaintiff is young or has mental disabilities. Get an experienced lafayette injury lawyer lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled to receive damages. They could include compensation for medical costs, lost wages and accident-related costs. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that an average person would have applied in the same circumstance, which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are usually higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it is not a mandatory part of any injury case, mediation can be used to settle 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 a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides in a private setting. After that, you will exchange counteroffers and offers until you find a solution.

The aim of mediation is achieving an agreement in which neither the liable party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case cannot be settled outside of court. This will be based on your particular circumstances and the quality of your evidence, lawsuit and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your attorney will present a case of peers before the jury. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During 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 compensate for your losses and expenses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a juror or judge at the bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages could you be awarded.