How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay medical bills and make up for lost income. However there are many who aren't clear about how the process is carried out.

In this blog post, we'll look at five milestones in litigation that every personal injury case must be able to pass through.

Time to File

Each state has a statute of limitations which defines the time frame after an accident to bring a lawsuit. If you fail to submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed the parties will then begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months.

A good lawyer will then submit a settlement request. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement.

You could also be required to adhere to additional time limits if you've been injured by a government entity the government or a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater depth. In general the cases are resolved more quickly than others.

Statute of Limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are some exceptions to this rule, which can stop it in certain instances. The discovery rule, for example permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain circumstances in certain circumstances, for example, if the plaintiff is younger or is mentally disabled. You should consult with an experienced injury lawyer to determine the exact time limit that applies to your situation. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim and their family.

Damages

Anyone who prevails in a personal injury case is entitled to compensation. These can include money for medical expenses, lost wages and incident-related expenses. Other damages can compensate a person for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property and the cost of lost earnings if an injury lawyer prevented you from working, or forced you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it can be utilized to settle a dispute and avoid having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount you'd like to spend. The mediator will then talk with both sides at a time. After that, you'll alternate between counteroffers and offers until you find a solution.

The aim of mediation is to arrive at an agreement where neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury lawsuits settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your lawyer may decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present your case to peers to a jury. The jury will determine if the defendant was negligent and, if they were then how much compensation is due 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 deserve financial damages to pay for the expenses and losses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be issued by a juror or judge in a bench trial. It will decide whether the defendant was negligent or injury lawyer not, and if so in fact negligent, what amount of financial damages should you be awarded.