How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical expenses or lost income, you can start a lawsuit. However there are many who aren't clear about how the process works.

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

Time to File

Each state has a statute which limits the time you are required to file a lawsuit after an accident. If you do not make a claim within this period, it is almost always be dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents as well as witness testimony and depositions. This could take several months depending on the nature of the case.

A good lawyer will offer a settlement. However, your lawyer cannot make a demand until after you've reached the stage of maximum medical improvement and are as fully recovered as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are extremely specific to each situation. Your attorney can explain them in more depth. These cases usually settle faster than other types of cases.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to many 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 you have been injured. There are some exceptions to this rule, which could effectively pause it in certain cases. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain situations, such as when the plaintiff is younger or has mental disabilities. You should consult with an experienced lawyer for wisconsin rapids injury attorney to determine the particular limitation period that applies to your case. If you attempt to submit a claim after your deadline has passed your case is likely to be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.

Damages

A person who is awarded a personal injury lawsuit is entitled to receive damages. They can include money for medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages compensate a person who suffers from emotional distress or lost satisfaction because of an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages, also known as pain and suffering are harder to determine. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries lead to higher general damage awards than small or Vimeo short-lasting injuries.

Mediation

While it's not required in any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The two parties will sit down with the mediator. Then, you'll offer counteroffers and exchange ideas to reach a resolution.

The negligent party and the victim of injury would like to go to court therefore the goal is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, no matter if you've been in an accident at work or an auto accident. Contact us today to set up an initial consultation for free. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present your case to peers before the jury. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to pay for your expenses and losses. The defense will provide evidence to argue your accusations and Vimeo keep them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either jurors or judges in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial damages should be awarded.