How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to pay for medical expenses and make up for lost income. However many people aren't sure about how the process operates.

In this blog post, we'll review five legal milestones that every personal injury case must go through.

Time to File

Each state has a statute of limitations which defines the period of time following an accident, you are required to bring a lawsuit. If you do not submit your claim within this timeframe, it will almost always be dismissed.

Once a case is filed, the parties 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.

A reputable lawyer will offer a settlement. Your attorney can only make this demand once you have attained the highest level of medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or by a physician who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. In general these cases can be solved more quickly than other cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many different kinds of personal injury lawyers cases including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations begins to tick the day after you've been injured. There are some exceptions to the rule that can effectively stop it in certain situations. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you attempt to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These can include money for the victim's medical costs as well as lost wages and other injuries-related costs. Other damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, including the cost to repair or replace damaged property and the value of lost wages if an injury kept you from working or forced you to be absent or take vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation is not required for every injury case. However it can be used as a way to resolve a dispute without having a jury or judge decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to find out what you expect and the amount of money you'd like to spend. Then, the two sides will have a private discussion with the mediator. Then, injury lawyer you'll offer counteroffers and exchange ideas to find a solution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial therefore the goal is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case is not settled outside of court. This will be based on your individual circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

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

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed cover your expenses and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by the judge or a jury in a bench trial will decide if the defendant was negligent and if so, the amount of financial compensation you should be awarded.