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 to make up for lost income. However many people aren't sure about how the litigation process operates.

This blog post will cover five stages that all personal injury claims have to be able to pass through.

Time to File

Every state has a law that restricts the time you are required to bring a lawsuit following an accident. If you don't make a claim within this window, it will most likely be dismissed.

After a case has been filed, the parties begin a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of the case, this might take months.

A good lawyer will then offer a settlement. However, your lawyer can't make this demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

You may also be required to adhere to additional time limitations if injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are very specific to each case. Your lawyer will be able to explain these in greater detail. Generally these cases are faster to be resolved than other ones.

Statute of limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to many kinds of personal injury cases 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. There are some exceptions to the rule which can stop it in certain cases. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In some instances, the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally handicapped or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

A person who wins in an bartonville injury law firm case is entitled to damages. They can include money for medical costs loss of wages, as well as accident-related costs. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment because of an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your attorney will argue that the defendant failed to take the proper care that a reasonable person would have used in the same situation which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like a factor en.easypanme.com of 1.5 to 5. The most severe injuries are likely to result in higher general damages awards than minor or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The two parties will discuss their differences with the mediator. You will then make counteroffers and exchange offers to find a solution.

The goal of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured party want to take to court. This is a vital step to avoid the long and stressful process of litigation. Even the most complicated injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case is not resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

Your attorney will argue your case before a jury during the trial. The jury will be responsible to determine if the defendant was negligent and in the event that they were, 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 caused to your injuries and that financial damages are needed to 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 deliberate after both sides have presented their closing arguments. The verdict will be given by a juror or judge in a bench trial. It will decide whether the defendant was negligent or not, and if so and the verdict is a financial one, how much should you be awarded.