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 may start a lawsuit. A lot of people aren't certain about the procedure of suing.

In this blog post, we will review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Each state has a statute that limits the time you are required to start a lawsuit following an accident. If you don't make a claim within this time frame, it will most likely be dismissed.

After a case has been filed the parties start a process called discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this could take months.

At this point, an experienced lawyer will issue an agreement demand. However, your lawyer can't issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government organization or a medical professional working for injury lawyer the government, you may be subject to additional time limitations to comply with in addition the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer will be able to provide more details. In general these cases are resolved more quickly than others.

Statute of limitations

If you want to increase your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a wide range of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" starts to tick when you are injured. There are some exceptions to the rule which can stop it in certain circumstances. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury law firms.

The statute of limitations could be reduced or even tolled in certain situations, such as when the plaintiff is underage or is mentally disabled. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you try to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. They can include money for medical expenses or lost wages as well as other incident-related expenses. Other damages could provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or forced you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and injury lawyer insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries result in greater general damages than minor or short-lasting injuries.

Mediation

Although it isn't an essential element of any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. In mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you want. The mediator will then meet with both sides in a private setting. After that, you will alternate between counteroffers and offers to come to a resolution.

The goal of mediation is to arrive at an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step to avoid a lengthy and stressful process of litigation. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present a case to peers before a jury. The jury will be accountable to determine if the defendant was negligent, and should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and the financial damages needed cover your losses and expenses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict will be given by a judge or a jury during the bench trial. It will determine if the defendant was negligent and, if they were the case, what financial damages will you be awarded.