How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to cover medical expenses and replace lost income. However, many people are unclear about how the litigation process is conducted.

This blog post will talk about five steps that all personal injury law firm (More Support) claims must pass through.

Time to File

Every state has a statute of limitation that specifies the time frame after an accident to make a claim. If you don't file your claim in the timeframe it is nearly always dismissed.

Once a case is filed the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

At this point, a good lawyer will present an offer for settlement. But, your lawyer is not able to make a demand until after you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you've been injured by a government entity or a doctor working for the government, you could be subject to additional time limits to comply with in addition the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater depth. They are usually resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run the day you've been injured. There are some exceptions to the rule which could effectively pause it in certain cases. The discovery rule, for instance, injury law firm allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain circumstances, such as when the plaintiff is young or mentally disabled. You should consult with an experienced injury attorney to determine the precise time limit that applies to your particular case. If you try to submit a claim after your deadline has passed your case is likely to be dismissed by the court. This could have devastating implications on the victim and his or her family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses, lost wages and injuries-related costs. Other damages could be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or forces you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages are typically higher for severe injuries than for less serious or short-term injuries.

Mediation

Although it's not an obligatory element in any injury case it is possible to use mediation to settle a dispute without having a jury or injury law firm judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like. The two sides will talk alone with the mediator. Then, you'll offer counteroffers and exchange ideas to reach a resolution.

Neither the negligent party nor the victim who has been injured would like to go to trial Therefore, the best option is to settle through mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in a workplace accident or an auto accident. Contact us today to set up a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

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

Your attorney will present your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and, if so, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led 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 money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is issued by either a judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, the amount of financial damages are entitled to.