How the Injury Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical bills or lost income, you may file a lawsuit. However, many people are unclear about how the process is carried out.

In this blog post, we will discuss five litigation milestones that each personal injury claim has to be through.

Time to File

Each state has a statute which limits the time you can bring a lawsuit following an accident. If you do not make a claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. It could take a few months, depending on the complexity of the case.

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

If you've been injured by a government entity or a physician working for the government, you may have additional deadlines to comply with in addition the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are extremely specific to each case. Your attorney can explain them in more depth. Generally these cases are solved more quickly than other cases.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after the injury. There are exceptions to the rule that could cause it to stop in certain situations. For Injury Attorneys example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury attorney.

In some cases the statute of limitations could be reduced or extended. For instance, if the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced attorney for injury to determine the exact time limit that applies to your case. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim as well as his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. They may include compensation for medical costs or lost wages as well as other accident-related costs. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that defendant did not behave in a way which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property as well as the value of lost wages if an injury kept you from working, or forced you to take time off or sick. General damages, also known as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. The most severe injuries are likely to result in greater general damages than minor or short-lasting injuries.

Mediation

Mediation is not mandatory in every case of injury. However it is often used as a way to resolve a dispute without having a judge or jury decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like. The mediator will then talk with both sides at a time. After that, you will go back and forth with offers and counteroffers to reach a settlement.

The goal of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured party want to take to court. This is a crucial step to avoid the long and stressful litigation process. 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 a workplace Injury Attorneys, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an initial consultation for free. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your attorney will argue your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of compensation is due to cover your injuries, financial losses and other expenses.

During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries, injury Attorneys and that financial damages are needed to compensate for your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by a judge or jury in a bench trial will decide if the defendant was negligent and, if so, the amount of financial damages you are entitled to.