How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical bills or lost income, you could bring a lawsuit. A lot of people aren't certain about the litigation process.

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

Time to File

Each state has a statute of limitations which defines the time period after an accident that you must start a lawsuit. If you do not file your claim within the window, it will most likely be dismissed.

When a case is filed the parties begin a process known as discovery. It involves exchanging documents such as documents, witness testimony and depositions. This could take several months depending on the complexity of the case.

At this point, a skilled lawyer will issue a settlement demand. However, your lawyer can't make a demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you've been injured by a government organization or a doctor working for injury lawyer the government, you could have additional time constraints to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in more detail. Generally these cases are quicker to resolve 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 a variety of kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to this rule that could cause it to stop in certain cases. For example, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

The statute of limitations could be extended or reduced in some cases for instance, when the plaintiff is younger or has mental disabilities. You should consult with an experienced injury lawyer to determine the exact statute of limitations applicable to your case. If you try to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins in an accident case is entitled to compensation. They may include compensation for medical costs as well as lost wages and other incident-related expenses. Other kinds of damages could compensate a person for the loss of enjoyment or emotional pain caused by an accident.

The jury will determine the amount of damages according to the evidence that is 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 led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or causes you to take vacation or sick leave, are simple to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like 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 injury lawyer short-lasting injuries.

Mediation

Although it isn't an essential element of every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like. The two parties will discuss their differences with the mediator. Then, you'll exchange counteroffers and offers to arrive at a settlement.

The aim of mediation is to reach an agreement that neither the liable party nor injured victim want to go to court. This is an important step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto accident or a workplace injury lawsuits, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your lawyer will present your case to a jury during the trial. The jury will decide if the defendant was negligent and, if so, how much compensation is due to compensate your injuries, financial losses and other expenses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial damages you are entitled to.