How the Injury Lawsuit Process Works

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

This blog post will discuss five milestones that all personal injury claims must be able to pass through.

Time to File

Each state has a statute of limitations which defines the time frame after an accident when you have to file a lawsuit. If you do not file your claim in the timeframe it is nearly always dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of the case, this might take months.

A reputable lawyer will make a settlement request. However, your lawyer can't make this demand until you have reached the point of maximum medical improvement and are as recovered as possible.

You may also be required to adhere to additional time limits if you've been injured by an entity of the government or a doctor who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can clarify these more in detail. Generally, these cases are solved more quickly than other cases.

Statute of limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. 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 most states, the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule that can effectively pause the clock in certain circumstances. For instance the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitations could be reduced or extended. For instance when the plaintiff is mentally impaired or is underage. Consult an experienced injury lawyer (just click the next document) to determine the statute of limitations applicable to your situation. If you attempt to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury case is entitled to damages. This could include money to pay for the medical treatment of the victim or lost wages, as well as the costs that result from an accident. Other damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

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

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury prevented you from working or caused you to take time off or injury lawyer sick. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in greater general damage awards than minor or temporary injuries.

Mediation

Although it isn't an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you'll exchange offers and counteroffers to reach a settlement.

The purpose of mediation is to arrive at an agreement in which neither the negligent party nor injured victim want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most injury law firms cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been in an accident at work or in an auto accident. Call us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company of the defendant's offer.

During the trial, your attorney will present a case of peers before a jury. The jury will decide if the defendant was negligent and, if they were then how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay you any amount. After both sides have made their closing arguments, the jury will deliberate. The verdict, delivered by a judge or jury in a bench trial will determine if the defendant was negligent and if so, the amount of financial damages should be awarded.