How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical bills or lost income, you may file a lawsuit. Many people are unsure of the process of filing a lawsuit.

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

Time to File

Every state has a statute of limitations that sets the amount of time after an accident, you are required to make a claim. If you don't file your claim in this time frame it is nearly always dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months, depending on the complexity of the case.

At this point, a good lawyer will present an agreement demand. However, your attorney cannot make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you were injured by a government entity or a doctor employed by the government, you may have additional time constraints that you must meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in greater detail. Generally, these cases are quicker to resolve than other cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, pleasanton injury Lawyer the statute of limitations "clock" begins to tick on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations can be extended or reduced in some cases like when the plaintiff is underage or is mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences on the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. They may include compensation for medical expenses or lost wages as well as other the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an Pleasanton Injury Lawyer keeps you from working, or forces you to take a vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Although it isn't an essential element of any hatboro injury attorney case, mediation can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. Then, you'll go back and forth with counteroffers and offers until you come to a resolution.

The goal of mediation is to come to an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is an essential step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you have been involved in an accident at work or in an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case is not settled outside of court. This will be based on your individual circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

Your attorney will argue your case to a jury during the trial. The jury will determine if the defendant was negligent, and if they were then how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and financial damages are needed 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 you any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be announced by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages will you be awarded.