How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical bills or lost income, you may file a lawsuit. However there are many who aren't clear about how the litigation process is conducted.

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

Time to File

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you fail to file your claim in the timeframe it is usually dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this could take months.

At this point, an experienced lawyer will submit a settlement demand. However, your lawyer can't issue a settlement demand until you've reached the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government agency or injury lawyer a medical professional working for the government, you could have additional time constraints to comply with in addition the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are unique to each case. Your lawyer can explain them in more depth. These cases usually settle faster than other cases.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

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

In some cases, the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is underage. You should consult with an experienced injury lawyer to determine the precise statute of limitations that applies to your particular situation. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

A person who wins an injury lawyer lawsuit is entitled damages. These may include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or loss of enjoyment in life due to an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working or required you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies employ an increaser, injury lawyer such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in greater general damages awards than minor or temporary injuries.

Mediation

While it's not a mandatory part of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you'll make counter-offers and exchange offers for a resolution.

The aim of mediation is to come to an agreement where neither the liable party nor injured victim want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been involved in an accident at work or in an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will argue your case before a jury during the trial. The jury will determine if the defendant was negligent and if they were then how much compensation should be awarded to cover your financial losses, injuries and other expenses.

During trial your lawyer will use evidence to show that the negligence of the defendant led to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, delivered by the judge or jury in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you should be awarded.