How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and compensate for the loss of income. Many people are unsure about the process of filing a lawsuit.

This blog post will discuss five steps that all personal lincolnshire injury attorney claims have to go through.

Time to File

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not submit your claim within this timeframe, it will almost always be dismissed.

Once a case is filed the parties will then begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

At this point, a skilled lawyer will make a settlement demand. Your attorney can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government entity or a physician working for the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can explain these in more detail. These cases usually settle faster than other cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different types of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to run the day the injury. There are some exceptions to the rule that can effectively stop it in certain cases. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain cases like when the plaintiff is young or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. These can include money to pay for the medical treatment of the victim or lost wages, as well as the expenses related to an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property or the cost of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages, also known as pain and suffering are harder to determine. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages are usually more severe for injuries that are serious than for minor or Vimeo.com short-term injuries.

Mediation

Mediation isn't required in every injury case. However, it can be used to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you'll alternate between counteroffers and 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 vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, healthndream.com even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to schedule a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case is not settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and if they were the amount of compensation that should be paid to cover your financial losses, injuries and other expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to defend themselves against your allegations and prevent them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, which is issued by either the judge or a jury in a bench trial will decide if the defendant was negligent, and should it be determined what amount of financial damages you are entitled to.