How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to claim compensation for medical expenses or lost income, you can file a lawsuit. Many people are unsure of the litigation process.

This blog post will talk about five steps that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitations that sets the time frame after an accident that you must bring a lawsuit. If you don't make a claim within this window, it will almost always be dismissed.

Once a case is filed, the parties will begin an investigation process that involves exchanging documents witness testimony, Injury Law firm documents, and depositions. It could take a few months, depending on the complexity of the case.

A reputable lawyer will submit a settlement request. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government entity or a doctor working for the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in more depth. They are usually resolved faster than other types of cases.

Statute of limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state is up. These deadlines are applicable 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 tick on the day the injury. There are exceptions to this rule, which could effectively pause it in certain instances. For instance the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury law firm (read this post from web018.dmonster.kr).

In some cases, the statute of limitations can be reduced or extended. For example when the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They may include compensation for medical costs, lost wages and incident-related expenses. Other types of damages compensate someone who has suffered emotional distress or loss of satisfaction because of 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 did not take the proper care that a reasonable person would have exercised in the same situation which resulted in your injury.

Special damages are usually easy to calculate, including the cost to repair or replace damaged property as well as the cost of lost earnings if an injury prevented you from working or caused you to be absent or take vacation time. General damages, also known as pain and suffering are harder to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

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

The mediator will ask you questions to find out what you're expecting and how much you'd like. The mediator will then talk with both sides at a time. After that, you will exchange counteroffers and offers to come to a resolution.

The party who is at fault and the injured victim wants to go to trial, so the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful process of litigation. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today for an initial consultation for free. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will determine if the defendant was negligent, and if they were what amount of compensation is due to compensate your injuries, financial losses, and expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and you deserve financial damages to cover these expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or jury in a bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages could you be awarded.