How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to seek compensation for medical expenses or lost income, you may make a claim. However, many people are unclear about how the process is conducted.

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

Time to File

Each state has a statute of limitation that specifies the time frame after an accident to make a claim. If you do not make a claim within this timeframe, it will most likely 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. Based on the complexity of your case, this may take months.

A good lawyer will make a settlement request. Your lawyer can only make this demand once you have attained the highest level of medical improvement.

You may also be required to adhere to additional time limits if you've been injured by an organization of the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can clarify these more in detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some 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.

The statute of limitations could be extended or reduced in certain circumstances, such as when the plaintiff is underage or mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations 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 consequences on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs associated with an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property, and the value of lost wages if an injury stopped you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance firms use an increaser, Vimeo such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation is not required for every injury case. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called 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 alone. You will then make counteroffers and exchange offers to find a solution.

The goal of mediation is to reach an agreement that neither the negligent party nor injured victim want to go to court. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been in a workplace accident or auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances, the evidence you provide and Vimeo the settlement offer offered by the insurer of the defendant.

Your lawyer will argue your case before a jury of peers during the trial. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or jury during the bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages will you be awarded.