How the Injury Lawsuit Process Works

If you've been injured in an accident and need to recover damages for medical expenses or lost income, it is possible to make a claim. However many people aren't sure about how the process works.

In this blog post, we will discuss five litigation milestones that each personal injury claim has to go through.

Time to File

Every state has a law that limits the amount of time you have to file a lawsuit after an accident. If you don't make a claim within this timeframe, it will most likely be dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the complexity of the case.

A good lawyer will make a settlement request. The lawyer can only make this demand after you have reached maximum medical improvement.

If you've been injured by a government organization or a medical professional working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are extremely specific to each particular situation. Your lawyer will be able to explain these in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury lawsuits claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to run on the day the injury. However, there are exceptions to this rule, which can effectively pause the clock in certain situations. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally disabled or is under the age of. It is recommended to consult an experienced injury attorney to determine the specific statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins an injury case is entitled to damages. These can include money to pay for the medical treatment of the victim or lost wages, as well as the costs caused by an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of enjoyment in life due to an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Although it's not an obligatory element in any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to find out what you expect and the amount of money you'd like to spend. Then, both sides will have a private discussion with the mediator. Then, you'll be back and shinhwaspodium.com forth with counteroffers and offers until you find a solution.

The aim of mediation is to reach an agreement where neither the negligent party nor injured victim want to go to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those involving the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an appointment with us for a no-cost consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and if so, how much compensation you will receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay any amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, which is given by the judge or jury in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.