How the Injury Lawsuit Process Works

If you've been injured in an accident and need to claim compensation for medical expenses or lost income, it is possible to bring a lawsuit. Many people are unsure about the process of filing a lawsuit.

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

Time to File

Every state has a statute of limitations which defines the amount of time after an accident to file a lawsuit. If you do not file your claim in this time frame it is nearly always dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

At this point, an experienced lawyer will issue an offer of settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or by a physician who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. Generally the cases are faster to be resolved than other ones.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable 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 most states the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule which could effectively pause the clock in certain circumstances. For example the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations may be shortened or even tolled. For instance, if the plaintiff is mentally handicapped or is younger than. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can have devastating effects on the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled damages. They can include money for medical expenses loss of wages, as well as the costs associated with an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property as well as the value of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages, also referred to as pain and suffering, are more difficult to calculate. A lot of attorneys and Injury Law Firm insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to find out what you're expecting and how much money you want. Then, the two sides will have a private discussion with the mediator. Then, you will offer counteroffers and exchange ideas for a resolution.

The party who is at fault and the victim of injury would like to go to court therefore the goal is to settle through mediation. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most complex Injury law firm cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, Injury Law Firm no matter if you've been in a workplace accident or auto accident. Call us today to arrange an initial consultation for free. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case is not resolved out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

Your lawyer will argue your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent and if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that the financial damages needed cover your losses and expenses. The defense will use evidence to argue your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury during the bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages could you be awarded.