How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical expenses or lost income, you can bring a lawsuit. However, many people are unclear about how the litigation process is carried out.

In this blog post, we'll review five legal milestones that every personal injury case must undergo.

Time to File

Each state has a statute which limits the time you are required to make a claim following an accident. If you do not file your claim in this time frame it is usually dismissed.

After a case has been filed the parties start a process called discovery that 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 make an agreement demand. However, your lawyer can't make this demand until you've reached the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government entity or a doctor employed by the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney will be able to explain these in more detail. In general these cases are quicker to resolve than other cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to tick on the day you were injured. There are exceptions to this rule, which can effectively stop it in certain situations. The discovery rule, for instance, Vimeo allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain situations in certain circumstances, for example, if the plaintiff is younger or Vimeo is mentally disabled. It is best to speak with an experienced injury lawyer attorney to determine the exact limitation period that applies to your particular situation. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences on the victim and their family.

Damages

Anyone who prevails in a personal injury case is entitled to compensation. This could include money to cover the cost of the victim's medical treatment as well as lost wages and the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same circumstance which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an easton injury lawyer prevents you from working or requires you to take a vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages are usually higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used to resolve a dispute and avoid having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you're expecting and the amount you'd like. Then, both parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers until you come to a resolution.

The aim of mediation is achieving a settlement that neither the liable party nor injured party want to take to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you have been involved in a workplace accident or auto accident. Contact us today for an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been settled outside of court. This will be based on your specific circumstances, 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 a defense of peers before the jury. The jury will decide if the defendant was negligent, and if they were the amount of compensation that is due to compensate your financial losses, injuries, and expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries, and Vimeo that financial damages are needed to pay for your expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict is issued by a juror or judge during a bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.