How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to seek compensation for medical bills or lost income, it is possible to file a lawsuit. However, many people are unclear about how the process is conducted.

In this blog post, we'll examine five key litigation milestones every personal injury attorney lawsuit must go through.

Time to File

Each state has its own statute of limitations which defines the time period after an accident when you have to start a lawsuit. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and Vimeo depositions. This can take a long time depending on the complexity of the case.

At this point, a skilled lawyer will submit 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 recovered as possible.

If you were injured by a government organization or a physician working for the government, you could be subject to additional time limits to adhere to in addition to 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 detail. In general, these cases are faster to be resolved than other ones.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In some instances, the statute of limitation may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is under the age of. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to make a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences on the victim and the family members of the victim.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. This could include money to pay for the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same situation which resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property, and the amount of lost wages if an injury stopped you from working, or forced you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use multipliers, such as a 1.5 to 5 factor to calculate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Mediation is not required in every case of injury. However it can be utilized to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides alone. Then, you will make counter-offers and exchange offers for a resolution.

The party who is at fault and the injured victim wants to go to court and so the aim is to settle the matter in mediation. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been in a workplace accident or auto accident. Contact us today to arrange an appointment for a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a defense of peers before the jury. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and that the financial damages needed cover your expenses and losses. The defense will make use of evidence to argue your accusations, and also to prevent them from having to pay any amount. After both sides have delivered their closing arguments and vimeo the jury has a chance to deliberate. The verdict will be issued by a judge or a jury in a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages could you be awarded.