Write About Everything

How the Injury Lawsuit Process Works

If you’ve been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay medical bills and to make up for lost income. However there are many who aren’t clear about how the process operates.

This blog post will cover five steps that all personal injury claims must be able to pass through.

Time to File

Each state has its own statute of limitations which defines the period of time following an accident, you are required to make a claim. If you don’t file your claim within this period, it is most likely be dismissed.

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

At this point, an experienced lawyer will make an offer of settlement. However, your attorney cannot make a demand until after you’ve reached the stage of maximum medical improvement and are as well-as possible.

If you were injured by a government entity or a medical professional working for the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your lawyer can explain them in greater depth. Generally these cases can be quicker to resolve than other cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is crucial to file an cadillac injury law firm lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In most states, “the clock” of the statute of limitations begins to tick on the day the injury. There are some exceptions to this rule that can effectively stop it in certain instances. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain situations like when the plaintiff is young or is mentally disabled. It is best to speak with an experienced injury attorney to determine the exact limitation period that applies to your situation. If you try to submit a claim after your statute of limitations has expired, your case will likely be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

Anyone who prevails in an injury case is entitled to compensation. They can include money for the victim’s medical costs or lost wages as well as other the costs associated with an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment in life due to an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same situation which led to your council bluffs injury lawyer.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working or forced you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn’t required in every injury case. However it can be utilized to resolve a dispute without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine the amount you’d like to receive in your settlement and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you will make counter-offers and exchange proposals in order to reach a decision.

The goal of mediation is to arrive at a settlement that neither the party who is at fault nor the injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant’s insurer.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were, how much compensation is due to cover your financial losses, injuries, and expenses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a juror or judge during a bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages are you entitled to.