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 replace lost income. However many people are confused about how the process is carried out.

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

Time to File

Every state has a statute of limitations that defines the time period after an accident when you have to bring a lawsuit. If you do not submit your claim within this window, it will most likely be dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this may take months.

A reputable lawyer will offer a settlement. Your lawyer can only make this demand once you have reached maximum medical improvement.

If you were injured by a government agency or a medical professional working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are unique to each case. Your lawyer can explain them in greater depth. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to a wide range of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to run the day the injury. There are some exceptions to this rule that can effectively stop it in certain circumstances. For example the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases, the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally handicapped or underage. It is recommended to consult an experienced injury lawyer; written by 125 141 133, to determine the precise limitation period that applies to your situation. If you attempt to file a claim after the deadline has passed your case is likely to 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 a personal injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the medical treatment of the victim or lost wages, as well as the expenses caused by an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost satisfaction because of 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 a reasonable person would have applied in the same circumstance which led to your injury.

Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property, and the value of lost wages if an injury prevented you from working or required you to take time off or sick. General damages, also known as pain and injury lawyer suffering, are harder to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However, it can be used to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're expecting and how much money you'd like. The two parties will sit down with the mediator. Then, you'll go back and forth with counteroffers and offers to come to a resolution.

The party who is at fault and the injured victim wants to go to trial therefore the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule an appointment for a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so the amount of compensation that should be awarded to cover your injuries, financial losses and other expenses.

During the trial your 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 use evidence to defend itself against the allegations you make, and to stop them from having to pay any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be issued by a judge or jury during the bench trial. It will decide if the defendant was negligent, and if they were the case, what financial damages will you be awarded.