How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay for medical expenses and compensate for the loss of income. Many people are unsure about the litigation process.

This blog post will go over five steps that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitation that specifies the time frame after an accident when you have to file a lawsuit. If you do not file your claim in the timeframe it is nearly always dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Depending on the complexity of the case, this might take months.

A good lawyer will then offer a settlement. However, your attorney cannot make a demand until after you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government agency or a doctor working for the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your attorney can explain them in more detail. Generally the cases are solved more quickly than other cases.

Statute of limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different types of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts ticking on the day you were injured. There are exceptions to the rule that can stop it in certain instances. For example, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury lawyers.

The statute of limitation can also be shortened or extended in certain cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. You should consult with an experienced injury lawyer to determine the precise time limit that applies to your particular case. If you try to make a claim after the time limit has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

A person who wins in an accident case is entitled to compensation. These may include money to pay for the victim's medical treatment, lost wages, and the costs related to an accident. Other kinds of damages compensate someone who has suffered emotional distress or loss of pleasure because of an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that defendant failed to act in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property and injury lawyer the cost of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Although it isn't a mandatory part of any injury case it can be used to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then speak with both sides on their own. Then, you can make counter-offers and exchange proposals to find a solution.

The party who is at fault and the injured victim wants to go to court, so the goal is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your individual circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

Your attorney will argue your case before a jury during the trial. The jury will be responsible to determine if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your losses and expenses. The defense will use evidence to argue your claims, and injury lawyer stop them from having to pay you any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge or jury during the bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.