How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical expenses or lost income, you could make a claim. However many people are confused about how the litigation process operates.

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

Time to File

Every state has a law which limits the time you are required to bring a lawsuit following an accident. If you don't file your claim within this period, it is most likely be dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents witness testimony, Firm documents, and depositions. This could take several months, depending on the complexity of the case.

At this point, a skilled lawyer will present an agreement demand. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional time limitations if injured by an entity belonging to the government or by a doctor who works for the government. These are commonly called "discovery rules" or equitable tolling and are specific to each specific situation. Your lawyer can provide more details. In general the cases are faster to be resolved than other ones.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

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, which can effectively stop the clock in certain situations. For example, Firm the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

In some instances the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally impaired or is under the age of. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences on the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. They may include compensation to cover medical expenses, lost wages and incident-related expenses. Other types of damages can compensate a person for the loss of enjoyment or emotional distress caused by 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 perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, including the cost to repair or replace damaged property as well as the amount of lost earnings if an injury prevented you from working or required you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like an amount of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Although it isn't an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount you want. Then, the two parties will sit down with the mediator. Then, you'll go back and forth with counteroffers and offers in order to find a solution.

Neither the negligent party nor the injured victim wants to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

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

During the trial, your lawyer will present a defense of peers to jurors. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and the financial damages needed compensate for your losses and expenses. The defense will provide evidence to counter your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, firm given by the judge or jury in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial damages should be awarded.