How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical bills or lost income, it is possible to bring a lawsuit. However many people aren't sure about how the process is conducted.

In this blog post, we will examine five key litigation milestones each personal injury claim has to be able to pass through.

Time to File

Every state has a law that limits the amount of time you can make a claim following an accident. If you do not make a claim within this time frame, it will almost always be dismissed.

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

A good lawyer will then make a settlement request. Your lawyer can only make this demand after you have reached maximum medical improvement.

You may also be required to adhere to additional time limitations if injured by an organization of the government or a medical professional who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer can explain them in more depth. In general these cases are resolved more quickly than others.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. There are a few exceptions to the rule which could cause it to stop in certain cases. For instance the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations can be reduced or even tolled in some cases in certain circumstances, for example, injury lawyer if the plaintiff is underage or is mentally disabled. Consult an experienced Injury Lawyer (Xilubbs.Xclub.Tw) to determine the applicable statute of limitations to your particular case. If you try to file a lawsuit after the statute of limitation has expired, injury lawyer the court will likely dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled damages. These can include money to cover the cost of the victim's medical care or lost wages, as well as the expenses that result from an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost satisfaction due to an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not act in a manner that a reasonable person would have done in the same situation. This led to your injury lawyers.

Special damages, such as the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or requires you to take vacation or sick leave are simple to calculate. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

Although it's not an essential element of every injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you want. The mediator will then speak with both sides on their own. Then, you will make counter-offers and exchange offers for a resolution.

The aim of mediation is to come to an agreement that neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers to jurors. The jury will be accountable to determine if the defendant was negligent and, if so, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries and that financial damages are required to cover your losses and expenses. The defense will make use of evidence to back up your claims, and stop them from having to pay any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge, or a jury at the bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages should you be awarded.