How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay your medical bills and to make up for lost income. However, many people are unclear about how the litigation process works.

This blog post will cover five steps that all personal injury claims must pass through.

Time to File

Each state has its own statute of limitations that sets the period of time following an accident when you have to start a lawsuit. If you don't file your claim within the time frame, it will almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this may take months.

At this point, a skilled lawyer will make a settlement demand. However, your lawyer cannot issue a settlement demand until you are at the point of maximum medical improvement and you are as healthy as possible.

If you were injured by a government entity or a physician working for the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in more depth. Generally these cases can be resolved more quickly than others.

Statute of limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to a variety of personal greenbrier injury attorney claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are some exceptions to the rule which could effectively pause it in certain situations. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in some cases like when the plaintiff is young or is mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

If a person wins a personal bowie injury Attorney case is entitled to damages. These can include money to cover the cost of the victim's medical expenses, lost wages, and the expenses associated with an accident. Other types of damages are awarded to a person who suffers from emotional distress or loss of pleasure due to an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your lawyer will argue that defendant did not behave in a way which a reasonable person could have done in the same situation. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an hillside injury lawsuit prevents you from working or causes you to take a vacation or sick leave, are easy to determine. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then talk with both sides in a private setting. After that, you will exchange counteroffers and offers in order to reach a settlement.

The aim of mediation is to come to a settlement that 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 litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Call us today to arrange an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case is not resolved out of court. This will be based on your particular circumstances, the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your attorney will present a case to peers before the jury. The jury will determine whether the defendant was negligent and, if so the amount of compensation that should be paid to cover your injuries, financial losses, and expenses.

During trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict will be issued by a judge or a jury at the bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages could you be awarded.