How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and replace lost income. A lot of people aren't certain about the process of litigation.

In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must be through.

Time to File

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

When a case is filed and the parties are able to start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the complexity of your case, this can take months.

A good lawyer will submit a settlement request. However, your lawyer cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and Vimeo are as fully recovered as possible.

If you've been injured by a government agency or a physician working for the government, you could be subject to additional time limitations 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 for each situation. Your attorney will be able to clarify these more in detail. They are usually resolved quicker than other types of cases.

Statute of limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are exceptions to this rule that can effectively stop it in certain situations. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. It is best to speak with an experienced injury attorney to determine the specific limitation period that applies to your situation. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. These can include money for medical costs, Vimeo lost wages and incident-related expenses. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same situation which resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or requires you to take a vacation or sick leave are simple to determine. General damages, Vimeo also referred to as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation is not required in every case of injury. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask you questions to find out what you're expecting and how much you'd like. Then, the two parties will discuss their differences with the mediator. Then, you'll go back and forth with counteroffers and offers in order to come to a resolution.

The purpose of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been involved in an accident at work or in an auto accident. Contact us today to schedule an initial consultation for free. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your attorney might decide that trial is required. This will be based on your individual circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your lawyer will present 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 awarded to cover your injuries, financial losses and other expenses.

During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, which is issued by either a judge or jury in a bench trial will determine if the defendant was negligent, and if so, what amount of financial damages should be awarded.