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 your medical bills and compensate for the loss of income. However many people are confused about how the litigation process is carried out.

In this blog post, we will review five legal milestones that each personal injury claim has to be able to pass through.

Time to File

Every state has a law that limits the time you must make a claim following an accident. If you do not make a claim within this period, it is most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of the case, this might take months.

At this point, a reputable lawyer will submit an offer of settlement. But, your lawyer is not able to issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity belonging to the government or a doctor who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer can provide more details. In general these cases are quicker to resolve than other cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to run on the day the injury. There are a few exceptions to this rule that could effectively pause it in certain situations. The discovery rule, for instance, allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury lawsuits.

In some cases the statute of limitations may be shortened or even tolled. For example, if the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced injury attorney to determine the exact statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim and his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They may include compensation for medical costs loss of wages, as well as injuries-related costs. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that defendant did not act in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damages than smaller or less-permanent injuries.

Mediation

While it's not a mandatory part of any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. You will then make counter-offers and exchange offers in order to reach a decision.

The purpose of mediation is to arrive at an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is a crucial step in avoiding the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, injured Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case isn't resolved outside of court. This will be based on your specific circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are needed to pay for your expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be given by a juror or judge during a bench trial. It will decide whether the defendant was negligent or not, and if so and the verdict is a financial one, how much will you be awarded.