How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay for medical expenses and replace lost income. A lot of people aren't certain about the process of filing a lawsuit.

This blog post will talk about five steps that all personal injury claims must pass through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident, you are required to bring a lawsuit. If you do not make a claim within this period, it is almost always be dismissed.

When a case is filed the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.

A good lawyer will then present a settlement demand. However, your lawyer cannot make a demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your attorney can explain them in more depth. Generally these cases can be resolved more quickly than others.

Statute of limitations

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

In most states, "the clock" of the statute of limitations begins to run the day you have been injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for instance permits you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitation may be reduced or extended. For instance, Vimeo if the plaintiff is mentally disabled or is underage. You should consult with an experienced injury attorney to determine the exact time limit that applies to your particular situation. If you attempt to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

If a person wins an injury lawsuit is entitled to compensation. This could include money to cover the cost of the victim's medical expenses as well as lost wages and the expenses associated with an accident. Other kinds of damages are awarded to a person who has suffered emotional distress or lost enjoyment due to an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in higher general damages awards than small or short-lasting injuries.

Mediation

Although it's not required in every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you want. The two sides will have a private discussion with the mediator. Then, you will make counter-offers and exchange proposals for a resolution.

Both the party responsible for the negligence and the victim who was injured want to go to trial therefore the goal is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most cases of red wing injury lawsuit settle at mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Call us today to arrange an appointment for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your lawyer may decide that going to trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers to jurors. The jury will be responsible for determining whether the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for Vimeo your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and the financial damages you receive are necessary to compensate for your losses and expenses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, delivered by a judge or jury in a bench trial, will decide if the defendant was negligent and if so, the amount of financial compensation you should be awarded.