How the Injury Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical expenses or lost income, you can bring a lawsuit. A lot of people aren't certain about the process of litigation.

In this blog post, we'll discuss five litigation milestones that every personal hutchinson injury law firm lawsuit must be able to pass through.

Time to File

Each state has a statute of limitations that sets the time period after an accident, you are required to bring a lawsuit. If you do not make a claim within this window, it will almost always be dismissed.

When a case is filed and the parties are able to begin a process known as discovery that involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of the case, this might take months.

At this point, a good lawyer will present an offer for settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional time limits if you were injured by a government entity the government or by a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more detail. They are usually resolved quicker than other types of cases.

Statute of limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. There are a few exceptions to this rule, which could effectively pause it in certain situations. For example the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally disabled or is younger than. It is best to speak with an experienced attorney for injury to determine the specific time limit that applies to your particular case. If you attempt to make a claim after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person is awarded an injury lawsuit is entitled damages. These could include funds to cover the cost of the medical treatment of the victim, lost wages, and the expenses related to an accident. Other damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the value of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it's not a mandatory part of every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with a neutral third party, called a mediator.

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

Neither the negligent party nor the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is an important step in avoiding the long and stressful litigation process. Most cases of Hilliard Injury Attorney settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been in an accident at work or in an auto accident. Contact us today to arrange a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

Your lawyer will argue your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if they were what amount of compensation is due to compensate your injuries, financial losses, and expenses.

During the trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge, Harlingen injury attorney or a jury during a bench trial. It will determine if the defendant was negligent or if they were and the verdict is a financial one, how much will you be awarded.