How Do I Explain Injury Lawsuit To A Five-Year-Old How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to claim compensation for medical expenses or lost income, you may bring a lawsuit. Many people aren't sure about the process of litigation.


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

Time to File

Each state has its own statute of limitations that sets the time period after an accident, you are required to start a lawsuit. If you do not submit your claim within this period, it is most likely be dismissed.

Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This could take several months, depending on the complexity of the case.

A good lawyer will then present a settlement demand. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and are as well-as possible.

If you've been injured by a government entity or a medical professional working for the government, you could have additional deadlines that you must meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater depth. These cases are typically resolved faster than other types of cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a variety of personal injury claims including car accidents and 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 ticking on the day you were injured. There are a few exceptions to the rule that can stop it in certain cases. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitations can be shortened or even tolled. For instance, if the plaintiff is mentally disabled or underage. You should consult with an experienced lawyer for injury to determine the precise limitation period that applies to your particular situation. If you attempt to file a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating effects on the victim and the family members of the victim.

Damages

The person who wins a personal injury case is entitled to damages. These may include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs that result from an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working, or forces you to take vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages awards than small or short-lasting injuries.

Mediation

Mediation isn't required in every injury case. However it can be used as a way to resolve a dispute without having a jury or judge decide on the outcome. injury attorney lewisville can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to determine what you're expecting and the amount you'd like. The mediator will then talk with both sides at a time. After that, you will be back and forth with counteroffers and offers in order to arrive at a settlement.

The purpose of mediation is to reach an agreement in which neither the party who is at fault nor the injured party want to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you have been involved in a workplace accident or auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case has not been resolved out of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will be responsible for determining whether 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 trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and the financial damages you receive are necessary to compensate for your losses and expenses. The defense will present evidence to counter your accusations and keep them from owing you any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, handed down by the judge or jury in a bench trial, will decide if the defendant was negligent and if so, what amount of financial damages you are entitled to.