How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical expenses or lost income, you may start a lawsuit. However many people aren't sure about how the litigation process is conducted.

In this blog post, we will review five legal milestones that every personal injury claim must undergo.

Time to File

Each state has its own statute of limitations which defines the period of time following an accident to bring a lawsuit. If you fail to file your claim in this time frame it is nearly always dismissed.

When a case is filed and the parties are able to start a process called discovery, which involves exchanging information like witness statements, documents and depositions. Based on the complexity of your case, this can take months.

A reputable lawyer will offer a settlement. However, your lawyer can't make a demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government organization or a doctor employed by the government, you could have additional deadlines to meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer can explain them in more depth. Generally these cases are faster to be resolved than other ones.

Statute of Limitations

If you wish to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different types of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" starts to tick on the day you became injured. However there are exceptions to this rule which could effectively stop the clock in certain circumstances. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury law firm.

The statute of limitation can also be shortened or tolled in certain circumstances for instance, when the plaintiff is young or mentally disabled. It is best to speak with an experienced lawyer for injury to determine the precise statute of limitations applicable to your particular situation. If you try to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses as well as lost wages and other the costs associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or lost enjoyment because of an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that defendant failed to behave in a way that a reasonable individual would have done in the same situation. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury Law Firm stops you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in higher general damages than minor or short-lasting injuries.

Mediation

Mediation isn't required for every injury case. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. After that, you will alternate between offers and counteroffers to reach a settlement.

The goal of mediation is to come to an agreement in which neither the liable party nor injured victim want to go to court. This is an important step to avoid the long and Injury Law firm stressful litigation process. Even the most complex 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 best settlement for your case. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case isn't resolved outside of court. This will be based on your individual circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your lawyer will present a case of peers before the jury. The jury is responsible for determining whether the defendant was negligent, and in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to argue your claims and stop them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, which is given by a judge or jury in a bench trial will determine if the defendant was negligent, and in the event of negligence, what amount of financial compensation you are entitled to.