How the Injury Lawsuit Process Works

If you have been injured in an accident and want to claim compensation for medical expenses or lost income, you may file a lawsuit. However many people are confused about how the litigation process works.

This blog post will discuss five steps that all personal injury claims must be able to pass through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident that you must make a claim. If you do not file your claim in this time frame it is nearly always dismissed.

After a case has been filed, the parties begin a process known as discovery. It involves exchanging documents such as documents, witness testimony and depositions. This can take a long time, depending on the complexity of the case.

At this point, an experienced lawyer will present a settlement demand. But, your lawyer is not able to make this demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

You could also be required to adhere to additional time limitations if injured by an entity of the government or a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in more detail. In general these cases can be resolved more quickly than others.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in some cases. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

In certain circumstances the statute of limitations could be shortened or tolled. For example, if the plaintiff is mentally disabled or is underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

The person who wins an accident case is entitled to damages. These may include money to cover the cost of the victim's medical treatment and lost wages as well as the costs caused by an accident. Other kinds of damages compensate someone who has suffered emotional distress or loss of enjoyment because of an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have used in the same situation, which led to your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property or the value of lost wages if an injury Law firms stopped you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries than for less serious or short-term injuries.

Mediation

While it's not required in every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you'd like. The two sides will have a private discussion with the mediator. Then, you will offer counteroffers and exchange ideas in order to reach a decision.

The negligent party and the victim who has been injured would like to go to trial therefore the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you've been in a workplace accident or auto accident. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney may decide that going to trial is necessary. This will be based on your specific circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your attorney will present a defense of peers to a jury. The jury will determine whether the defendant was negligent and, if they were, how much compensation is due to cover your losses due to injuries, injury law firms financial loss and other expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial will decide if the defendant was negligent, and should it be determined what amount of financial damages should be awarded.