How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical bills or lost income, you could file a lawsuit. However many people aren't sure about how the litigation process is carried out.

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

Time to File

Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you don't file your claim in this time frame the claim is almost always dismissed.

Once a case is filed and the parties are able to start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

At this point, an experienced lawyer will present an offer of settlement. However, your lawyer cannot make a demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more detail. Generally these cases can be resolved more quickly than others.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to a wide range of personal injury law firm claims, injury law firm such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. There are a few exceptions to the rule which can effectively stop it in certain situations. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain situations in certain circumstances, for example, if the plaintiff is young or mentally disabled. It is recommended to consult an experienced injury attorney to determine the particular statute of limitations that applies to your particular situation. If you attempt to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. They may include compensation for the victim's medical costs or lost wages as well as other incident-related expenses. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant did not act in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property and the value of lost wages if an injury kept you from working or caused you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are typically higher for severe injuries than for less serious or short-term injuries.

Mediation

While it is not an essential element of any injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then talk with both sides at a time. Then, you will make counter-offers and exchange proposals for a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court therefore the goal is to settle through mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that trial is necessary. This will be based on your individual circumstances and the strength of your evidence as well as the settlement offer made by the insurance company for the defendant. offer.

During the trial, your lawyer will present your case to peers to a jury. The jury will decide whether the defendant was negligent and if they were what amount of compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, which is delivered by jurors or judges in a bench trial, will decide if the defendant was negligent, and if so, the amount of financial damages should be awarded.