How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical bills or lost income, you could start a lawsuit. A lot of people aren't certain about the process of filing a lawsuit.

In this blog post, we'll discuss five litigation milestones that every personal injury claim must be able to pass through.

Time to File

Each state has a statute which limits the time you can bring a lawsuit following an accident. If you do not submit your claim within this timeframe, it will most likely be dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months.

A good lawyer will submit a settlement request. However, your attorney cannot make this demand until you've reached the point of maximum medical improvement and you are as healthy as possible.

If you were injured by a government entity or a doctor working for the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater depth. These cases usually settle faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different types of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you have been injured. However there are exceptions to this rule that can effectively pause the clock in certain cases. The discovery rule, Injury Law Firms for instance, allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally handicapped or underage. Consult an experienced injury Law firms lawyer to determine the statute of limitations applicable to your situation. If you try to make a claim after the deadline has passed the case could be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

Anyone who prevails in an injury attorney case is entitled to damages. These can include money to pay for the victim's medical expenses, lost wages, and the costs that result from an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of satisfaction due to an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that defendant failed to behave in a way which a reasonable person could have done in the same situation. This led to your injury lawsuits.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or requires you to take vacation or sick leave are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use multipliers, 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

Mediation is not mandatory for every injury case. However it can be utilized to resolve a dispute without having a jury or judge decide the outcome. In mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then meet with both sides at a time. After that, you'll go back and Injury Law Firms forth with counteroffers and offers until you reach a settlement.

The negligent party and the injured victim wants to go to trial Therefore, the best option is to settle in mediation. This is an essential step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been injured in a workplace accident or auto accident. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your lawyer will argue your case before a jury during the trial. The jury will be responsible to determine if the defendant was negligent and if so, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries, and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be announced by a judge, or a jury in the bench trial. It will decide if the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.