How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical expenses or lost income, you could start a lawsuit. However many people aren't sure about how the process is conducted.

In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be able to pass through.

Time to File

Each state has a statute of limitations that defines the time period after an accident to bring a lawsuit. If you do not file your claim within the window, it will most likely be dismissed.

When a case is filed and the parties are able to start a process called discovery. This involves exchanging information like documents, witness testimony and depositions. This could take months depending on the complexity of the case.

At this point, a good lawyer will make an agreement demand. However, your attorney cannot issue a settlement demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by an entity of the government or a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater detail. They are usually resolved faster than other cases.

Statute of limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. There are exceptions to this rule, which can stop it in certain instances. The discovery rule, for example permits you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain cases for instance, when the plaintiff is young or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim and their family.

Damages

Anyone who prevails in a personal injury attorneys - get more info, case is entitled to compensation. These can include money for the victim's medical costs, lost wages and accident-related costs. Other kinds of damages compensate someone who has suffered emotional distress or lost satisfaction because of an accident.

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

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property or the cost of lost wages if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages are typically greater for injury attorneys serious injuries than for minor or short-term injuries.

Mediation

While it's not an obligatory element in any injury attorney case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides alone. Then, you can offer counteroffers and exchange ideas to reach a resolution.

The aim of mediation is to reach an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to set up an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case cannot be settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.

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 the amount of compensation that should be paid to cover your losses due to injuries, financial loss, 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 needed to compensate for your losses and expenses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be announced by a judge or jury during a bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, injury attorneys how much should you be awarded.