How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and compensate for the loss of income. Many people aren't sure about the procedure of suing.

This blog post will discuss five milestones that all personal injury attorney claims have to pass through.

Time to File

Each state has a statute of limitations that sets the amount of time after an accident when you have to file a lawsuit. If you don't file your claim within the period, it is most likely be dismissed.

When a case is filed, the parties begin a process called discovery. This involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this may take months.

At this point, a skilled lawyer will present an offer of settlement. However, your lawyer can't make this demand until you have reached the point of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government organization or a medical professional working for the government, you could have additional deadlines to meet in addition to the general statute of limitations. 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. These cases are usually resolved quicker than other types of cases.

Statute of limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, the statute of limitations "clock" starts to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. For example the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced injury lawyer to determine the specific statute of limitations that applies to your situation. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

A person who wins in an injury case is entitled to damages. They can include money for medical expenses loss of wages, as well as incident-related expenses. Other kinds of damages compensate someone who suffers from emotional distress or lost satisfaction due to an accident.

The amount of damages will be determined by a jury on the basis of evidence presented in court. Your lawyer will argue that the defendant did not perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an Injury Law Firms prevents you from working or requires you to take vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ multipliers, 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 less serious or short-term injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be utilized as a way to resolve a dispute without having a jury or judge decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then talk with both sides alone. After that, you'll go back and forth with offers and counteroffers to reach a settlement.

The negligent party and the victim of injury would like to go to court Therefore, the best option is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been in a workplace accident or auto accident. Contact us today to set up a free consultation. 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 attorney may decide that going to trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a defense of peers to a jury. The jury is responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for injury Law firms your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, given by the judge or a jury in a bench trial will determine if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.