How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay medical bills and replace lost income. A lot of people aren't certain about the process of litigation.

This blog post will go over five important milestones that all personal injury claims must pass through.

Time to File

Each state has a statute of limitations that sets the period of time following an accident to file a lawsuit. If you don't file your claim in this time frame it is usually dismissed.

When a case is filed, the parties start a process called discovery, which involves exchanging information like witness statements, documents and depositions. Based on the complexity of your case, this can take months.

A good lawyer will make a settlement request. However, firms your lawyer cannot make this demand until you are at the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in greater detail. These cases are usually resolved faster than other cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to run the day you have been injured. There are some exceptions to the rule which could cause it to stop in certain cases. For instance the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.

In certain circumstances the statute of limitations could be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is underage. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to make a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury case is entitled to compensation. These can include money for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment in life due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have exercised in the same circumstance which resulted in your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property and the amount of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

Mediation is not 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 at the mediation with a third party neutral known as mediator.

The mediator will ask you questions to determine what you are expecting and the amount you'd like. Then, the two parties will sit down with the mediator. Then, you can make counter-offers and exchange proposals for a resolution.

The goal of mediation is to come to an agreement in which neither the negligent party nor injured victim want to go to court. This is an essential step to avoid the lengthy and stressful process of litigation. The majority of albany injury law firm cases settle through mediation, even those involving the most renowned insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Call us today to arrange an initial consultation for free. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your attorney will present a case of peers before the jury. The jury will decide if the defendant was negligent and, if they were then how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries, and that the financial damages you receive are necessary to cover your losses and expenses. The defense will present evidence to refute your accusations and keep them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is given by the judge or jury in a bench trial will determine whether the defendant was negligent and if so, what amount of financial damages should be awarded.