How the Injury Lawsuit Process Works

If you've been injured in an accident and need to get compensation for medical bills or lost income, you can file a lawsuit. Many people aren't sure about the litigation process.

In this blog post, we'll discuss five litigation milestones that every personal injury case must be through.

Time to File

Every state has a statute of limitations that defines the time period after an accident when you have to make a claim. If you don't submit your claim within this timeframe, it will most likely be dismissed.

After a case has been filed and the parties are able to begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the complexity of your case, this can take months.

A good lawyer will make a settlement request. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.

If you've been injured by a government organization or a physician working for the government, you may have additional time constraints to comply with in addition the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more detail. These cases are typically resolved faster than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations begins to run on the day you've been injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. The discovery rule, for example permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. You should consult with an experienced injury attorney to determine the specific statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an injury case is entitled to damages. They can include money for injury Law Firms medical expenses, lost wages and injuries-related costs. Other damages can compensate a person for the loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an Injury Law firms stops you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than minor or short-lasting injuries.

Mediation

Mediation is not required for every injury case. However it can be used to resolve a dispute and avoid having a judge or jury decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you are expecting and the amount you want. Then, both sides will talk alone with the mediator. Then, you can offer counteroffers and exchange ideas for a resolution.

The party who is at fault and the victim who was injured want to go to court Therefore, the best option is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for an appointment with us for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of the courtroom, your attorney could decide that a trial is required. This will depend on your personal circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case of peers to the jury. The jury will be accountable for determining if the defendant was negligent and, in the event of negligence, what compensation you will 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 contributed to your injuries. They will also show that the financial damages needed compensate for your losses and expenses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be given by a judge or jury at the bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages could you be awarded.