How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and make up for lost income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will discuss five litigation milestones that each personal injury claim has to be through.

Time to File

Each state has its own statute of limitations that defines the time frame after an accident that you must bring a lawsuit. If you do not file your claim in the timeframe the claim is almost always dismissed.

When a case is filed the parties begin a process of discovery, which involves exchanging information like documents, witness testimony and depositions. This could take several months depending on the nature of the case.

At this point, injury law firms a good lawyer will submit an agreement demand. Your lawyer can only make this demand once you have reached maximum medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you could be subject to additional time limits that you must meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to explain these in more detail. These cases usually settle quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

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

The statute of limitations could be reduced or even tolled in certain circumstances like when the plaintiff is young or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person is awarded an injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs related to an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that reasonable people would have applied in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, injury law Firms including the cost to repair or replace damaged property, and the amount of lost earnings if an injury prevented you from working or forced you to be absent or take vacation time. General damages, also referred to 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 estimate general damages. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

Although it isn't a mandatory part of every Injury Law Firms case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as mediator.

The mediator will ask you questions to find out what you're expecting and the amount you'd like to spend. The mediator will then discuss the matter with both sides on their own. After that, you will alternate between counteroffers and offers in order to arrive at a settlement.

The party who is at fault and the victim of injury would like to go to trial, so the goal is to settle the matter in mediation. This is a crucial 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 help you negotiate 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 majority of injuries cases are settled outside of court, your attorney might decide that a trial is necessary. This will be based on your individual circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.

During the trial, your attorney will present a case to peers before jurors. The jury will determine if the defendant was negligent and if they were what amount of compensation is due to compensate your losses due to injuries, financial loss, and expenses.

During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries and that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury in the bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.