How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay medical bills and compensate for the loss of income. However, many people are unclear about how the process is carried out.

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

Time to File

Each state has its own statute of limitation that specifies the time frame after an accident, you are required to start a lawsuit. If you don't file your claim in this time frame, it is almost always dismissed.

After a case has been filed the parties begin a process called discovery that involves exchanging information like witness statements, documents and depositions. This could take months, depending on the complexity of the case.

A good lawyer will make a settlement request. However, your attorney cannot make a demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government organization or a doctor working for the government, you could have additional time constraints to comply with in addition the standard 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 provide more details. Generally these cases can be solved more quickly than other cases.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to many kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" begins to tick on the day you became injured. However, there are exceptions to this rule which could effectively stop the clock in certain situations. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally handicapped or injury lawyer is younger than. You should consult with an experienced injury lawyer to determine the exact time limit that applies to your case. If you attempt to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These can include money to pay for the victim's medical treatment or lost wages, as well as the costs associated with an accident. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property, and the cost of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to result in higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it's not an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator injury lawyer will ask you questions to find out what you expect and the amount you'd like. The mediator will then meet with both sides on their own. You will then offer counteroffers and exchange ideas in order to reach a decision.

The negligent party and the victim who was injured want to go to trial and so the aim is to settle through mediation. This is an essential step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been in an accident at work or an auto accident. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been resolved out of court. This will depend on your personal circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a defense of peers to the jury. The jury will decide whether the defendant was negligent and if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and you deserve financial damages to cover those expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict will be given by a judge or a jury at a bench trial. It will decide if the defendant was negligent, and if they were, how much financial damages could you be awarded.