How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to get compensation for medical bills or lost income, you can bring a lawsuit. Many people are unsure about the litigation process.

This blog post will talk about five steps that all personal injury law firms claims must go through.

Time to File

Each state has a statute that limits the amount of time you must start a lawsuit following an accident. If you do not file your claim in this time frame it is nearly always dismissed.

Once a case is filed the parties begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. Based on the complexity of your case, this may take months.

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

If you were injured by a government agency or a doctor working for the government, you may have additional deadlines to adhere to in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater detail. In general, these cases are quicker to resolve than other cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, the statute of limitations "clock" starts to tick on the day that you were injured. There are a few exceptions to this rule, which could cause it to stop in certain circumstances. The discovery rule, for example allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain circumstances for instance, when the plaintiff is young or has a mental disability. It is recommended to consult an experienced injury lawyer attorney to determine the precise time limit that applies to your particular case. If you try to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.

Damages

A person who wins in an accident case is entitled to damages. They could include compensation for the victim's medical costs as well as lost wages and other incident-related expenses. Other types of damages are awarded to a person who has suffered emotional distress or lost pleasure due to an accident.

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

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or forces you to take vacation or sick leave, Injury Law Firms are simple to calculate. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

Although it's not an obligatory element in every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you expect and how much you want. The mediator will then talk with both sides at a time. After that, you will go back and forth with offers and counteroffers to reach a settlement.

The goal of mediation is to reach a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of court, your attorney may decide that going to trial is necessary. This will depend on your personal circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a case to peers before the jury. The jury will be responsible to determine if the defendant was negligent and should they be awarded compensation you should receive 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 caused your injuries and you deserve financial damages to cover the costs and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you money. After both sides have made their closing arguments, the jury will deliberate. The verdict will be announced by a juror or judge in the bench trial. It will determine if the defendant was negligent or injury Law firms not, and if so and the verdict is a financial one, how much will you be awarded.