How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay your medical bills and to make up for lost income. However many people aren't sure about how the litigation process operates.

This blog post will cover five milestones that all personal injury claims have to go through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident when you have to bring a lawsuit. If you do not make a claim within this time frame, it will almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this can take months.

At this point, an experienced lawyer will issue an agreement demand. Your lawyer will only be able to make this demand once you have reached maximum medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who works for the government. These are commonly called "discovery rules" or equitable tolling, and are specific to each situation. Your lawyer can explain them in greater depth. These cases are typically resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule that could effectively stop the clock in certain circumstances. For example, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or tolled in certain situations in certain circumstances, injury law firms for example, if the plaintiff is younger or Injury law firms is mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the time limit has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses loss of wages, as well as incident-related expenses. Other types of damages are awarded to a person who has suffered emotional distress or lost enjoyment in life because of an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have applied in the same situation which led to your injury.

Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property as well as the cost of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation isn't required in all injury cases. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you're expecting and how much money you'd like to spend. Then, both parties will discuss their differences with the mediator. After that, you will be back and forth with counteroffers and offers to find a solution.

The purpose of mediation is to arrive at an agreement where neither the party who is at fault nor the injured victim want to go to court. This is an important step to avoid the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury law firms are settled out of court, your lawyer may decide that trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present a case to peers to jurors. The jury will determine if the defendant was negligent, and if they were what amount of compensation is due to cover your losses due to injuries, financial loss and other expenses.

During trial the 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 compensate for your losses and expenses. The defense will present evidence to counter your accusations and keep them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or a jury at the bench trial. It will determine if the defendant was negligent, and if they were, how much financial damages are you entitled to.