How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay medical bills and make up for lost income. A lot of people aren't certain about the process of filing a lawsuit.

In this blog post, we'll discuss five litigation milestones that every personal pine bluff injury law firm lawsuit must undergo.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident that you must make a claim. If you don't submit your claim within this time frame, it is almost always dismissed.

When a case is filed and the parties are able to start a process called discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this can take months.

A good lawyer will then submit a settlement request. But, your lawyer is not able to make this demand until you are at the point of maximum medical improvement and you are as healthy as possible.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or by a doctor who is employed by the government. These are generally called "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer will be able to provide more details. These cases are typically resolved quicker 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 runs out. 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, "the clock" of the statute of limitations starts to tick the day after you've been injured. There are exceptions to this rule that could cause it to stop in certain situations. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.

In some cases the statute of limitations could be reduced or extended. For instance when the plaintiff is mentally handicapped or underage. It is best to speak with an experienced Injury Attorney (Vimeo.Com) to determine the precise limitation period that applies to your particular case. If you attempt to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins in a personal injury case is entitled to compensation. This could include money to pay for the victim's medical care, lost wages, and the expenses related to an accident. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have exercised in the same circumstance which resulted in your injury.

Special damages are typically easy to calculate, like 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 take time off or sick. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in all injury cases. However, it can be used to resolve a dispute without having a judge or jury decide the outcome. In mediation, you can discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're expecting and how much you want. Then, the two sides will have a private discussion with the mediator. You will then make counter-offers and exchange offers for a resolution.

The aim of mediation is achieving an agreement where neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto crash or injury attorney a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today for a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be resolved outside of court. This will be based on your specific circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will present your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to show 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 your accusations and keep them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a juror or judge during a bench trial. It will decide if the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.