How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical expenses or lost income, it is possible to file a lawsuit. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must undergo.

Time to File

Every state has a statute of limitations that defines the time period after an accident, you are required to make a claim. If you don't file your claim within this window, it will almost always be dismissed.

After a case has been filed the parties begin a process called discovery that involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this could take months.

At this point, a skilled lawyer will present an offer of settlement. However, your attorney cannot make this demand until you've reached the point of maximum medical improvement and are as recovered as possible.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or a doctor firm who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in greater depth. In general, these cases are faster to be resolved than other ones.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, the statute of limitations "clock" starts to tick when you are injured. There are exceptions to the rule that can stop it in certain circumstances. The discovery rule, for instance, allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is under the age of. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person wins a personal hanahan injury lawsuit lawsuit is entitled damages. These can include money to pay for the victim's medical care, lost wages, firm and the costs caused by an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to take the proper care that an average person would have applied in the same circumstance, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages when an grand prairie injury lawsuit prevents you from working or requires you to take vacation or sick leave, are easy to determine. 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, for instance, a factor of 1.5 to 5. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However it is often used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much you'd like to spend. Then, the two parties will sit down with the mediator. After that, you will alternate between offers and counteroffers to reach a settlement.

The aim of mediation is to arrive at an agreement where neither the negligent party nor the victim who has been injured want to go to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been in an accident at work or an auto accident. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go 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 made by the defendant's insurer.

During the trial, your attorney will present a case to peers before jurors. The jury is responsible to determine if the defendant was negligent, and should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.

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