20 Important Questions To Ask About Injury Lawsuit Before Buying It How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical bills or lost income, you could start a lawsuit. However injury law firm virginia beach aren't sure about how the litigation process works.

In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.

Time to File

Each state has a statute that limits the amount of time you must make a claim following an accident. If you don't make a claim within this timeframe, it will most likely be dismissed.

After a case has been filed, the parties begin a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will then submit a settlement request. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

If you were injured by a government agency or a medical professional working for the government, you could have additional time constraints 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 will be able to clarify these more in detail. In general the cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to many different types of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after the injury. However, there are exceptions to this rule that could effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be reduced or even tolled in some cases like when the plaintiff is underage or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim and their family.


Damages

Anyone who prevails in a personal injury case is entitled to compensation. These may include money to cover the cost of the victim's medical treatment, lost wages, and the expenses associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or lost enjoyment in life because of an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have applied in the same situation which resulted in your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property as well as the value of lost wages if an injury stopped you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally result in greater general damages than those resulting from minor or short-lasting injuries.

Mediation

While it's not an obligatory element in any injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then speak with both sides in a private setting. Then, you'll alternate between counteroffers and offers to come to a resolution.

The goal of mediation is achieving a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Most injury cases settle through mediation, even those involving the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a case of peers to a jury. The jury will decide if the defendant was negligent and, if they were then how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will make use of evidence to counter your claims, and stop them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, given by the judge or jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages you are entitled to.