How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to pay your medical bills and compensate for the loss of income. However there are many who aren't clear about how the process operates.

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

Time to File

Every state has a law that limits the amount of time you must bring a lawsuit following an accident. If you don't submit your claim within this time frame the claim is almost always dismissed.

Once a case is filed the parties start a process called discovery that involves exchanging information like witness statements, documents and depositions. This can take a long time, depending on the complexity of the case.

A reputable lawyer will present a settlement demand. The lawyer can only make this demand once you have attained the highest level of medical improvement.

You may also be required to adhere to additional time limits if you were injured by an entity belonging to 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 very specific for each situation. Your attorney can explain them in greater detail. In general these cases are quicker to resolve than other cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to run the day you were injured. However, there are exceptions to this rule that can effectively pause the clock in some cases. For example the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain cases like when the plaintiff is underage or is mentally disabled. It is best to speak with an experienced injury lawyer to determine the precise statute of limitations that applies to your situation. If you attempt to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. They may include compensation for the victim's medical costs as well as lost wages and other accident-related costs. Other kinds of damages compensate a person who is suffering from emotional distress or lost pleasure due to an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working or caused you to take time off or sick. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages are typically higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be used to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much you want. The two sides will have a private discussion with the mediator. After that, you'll alternate between counteroffers and offers to find a solution.

The goal of mediation is to reach an agreement that neither the responsible party nor injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney might decide that a trial is required. This will depend on your personal circumstances, the quality of your evidence, injury lawyer and the settlement offer made by the insurance company for the defendant. offer.

Your attorney will present what is known as your case to a jury during the trial. The jury will be responsible to determine if the defendant was negligent and in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries. They will also show that the financial damages needed pay for your expenses and losses. The defense will provide evidence to argue your claims and stop them from owing you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be announced by a judge or a jury at the bench trial. It will decide if the defendant was negligent and, if they were and the verdict is a financial one, how much are you entitled to.