How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical bills or lost income, you could bring a lawsuit. However many people are confused about how the process is conducted.

This blog post will go over five steps that all personal injury law firms claims have to pass through.

Time to File

Each state has a statute which limits the time you can bring a lawsuit following an accident. If you do not make a claim within this period, it is most likely be dismissed.

After a case has been filed the parties begin a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the complexity of your case, Injury Law Firms this may take months.

At this point, a reputable lawyer will issue an offer of settlement. But, your lawyer is not able to make this demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government organization or a doctor employed by the government, you may have additional deadlines to comply with in addition the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in more depth. Generally, these cases are solved more quickly than other cases.

Statute of limitations

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

In the majority of states the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule which could effectively stop the clock in certain cases. For instance the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is younger or has a mental disability. You should consult with an experienced injury lawyer to determine the specific limitation period that applies to your case. If you try to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

Anyone who prevails in an accident case is entitled to damages. These can include money to cover the cost of the victim's medical care as well as lost wages and the expenses that result from an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by 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 which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property and the amount of lost earnings if an injury prevented you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering, are harder to determine. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages are usually greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you want. The mediator will then discuss the matter with both sides alone. Then, you'll make counter-offers and exchange offers to reach a resolution.

The aim of mediation is to come to a settlement that neither the liable party nor injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

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 will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial damages to pay for the expenses and losses. The defense will present evidence to counter the allegations you make and to prevent them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a judge or jury during a bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages will you be awarded.