How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to get compensation for medical bills or lost income, you could start a lawsuit. Many people are unsure of the litigation process.

This blog post will discuss five milestones that all personal injury claims must pass through.

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident when you have to bring a lawsuit. If you don't file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed the parties will then begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, injury attorney this could take months.

At this point, a reputable lawyer will make an agreement demand. However, your lawyer can't make a demand until you've reached the stage of maximum medical improvement and are as well-as possible.

If you were injured by a government entity or a medical professional working for the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are specific to each case. Your lawyer can provide more details. In general, these cases are solved more quickly than other cases.

Statute of Limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many types of personal injury attorney claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" begins to tick on the day you were injured. There are some exceptions to the rule which could effectively pause it in certain cases. The discovery rule, for instance allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can be extended or reduced in certain circumstances in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. It is best to speak with an experienced injury attorney to determine the exact statute of limitations that applies to your situation. If you attempt to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. These can include money for medical costs or lost wages as well as other incident-related expenses. Other damages can provide compensation for a person's loss of enjoyment of life or Injury Attorney emotional stress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not act in a manner that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property, and the amount of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. The most severe injuries are likely to lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Although it isn't an essential element of every injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. In mediation, you can discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange offers in order to reach a decision.

The goal of mediation is achieving an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is a crucial 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 a settlement that is best for you, regardless of whether you've been in a workplace accident or auto accident. Contact us today to set up a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your personal circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case to peers to the jury. The jury will be accountable for determining whether the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict is issued by a judge or a jury in the bench trial. It will determine if the defendant was negligent or not, and if so the case, what financial damages will you be awarded.