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 your medical bills and to make up for lost income. However there are many who aren't clear about how the litigation process is conducted.

This blog post will go over five stages that all personal injury claims must go through.

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident when you have to file a lawsuit. If you fail to file your claim in this time frame it is nearly always dismissed.

Once a case is filed the parties begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this can take months.

At this point, a skilled lawyer will present an agreement demand. Your lawyer can only make this demand after you have reached maximum medical improvement.

If you were injured by a government agency or a physician working for the government, you could be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are generally called "discovery rules" or Vimeo equitable tolling, and are unique to each situation. Your lawyer can explain these in greater detail. In general these cases can be solved more quickly than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to this rule, which can effectively stop it in certain circumstances. For example the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain circumstances in certain circumstances, for example, if the plaintiff is younger or mentally disabled. It is best to speak with an experienced lawyer for live oak injury law firm to determine the exact statute of limitations that applies to your case. If you try to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical expenses or lost wages, as well as the costs related to an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment in life because of an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, including the cost to repair or replace damaged property and the cost of lost wages if an michigan injury attorney stopped you from working or required you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation is not required in every case of injury. However it is often used as a way to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you will make counter-offers and exchange proposals to reach a resolution.

Neither the negligent party nor the victim who has been injured would like to go to trial, so the goal is to settle in mediation. This is an essential step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Groveland Injury Lawsuit Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of court, your attorney might decide that trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a case to peers before a jury. The jury will be responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or jury during a bench trial. It will determine if the defendant was negligent or not, and if so, how much financial damages are you entitled to.