How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical bills or lost income, it is possible to file a lawsuit. Many people are unsure of the process of litigation.

This blog post will go over five milestones that all personal injury claims must be able to pass through.

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident to file a lawsuit. If you fail to file your claim in this time frame it is nearly always dismissed.

Once a case is filed, the parties begin a process of discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.

A good lawyer will present a settlement demand. But, your lawyer is not able to make a demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or a medical professional who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are unique to each particular situation. Your attorney can explain them in more detail. These cases are typically resolved faster than other types of cases.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain circumstances. The discovery rule, for instance, allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can also be shortened or extended in certain situations like when the plaintiff is young or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file 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 is awarded a personal injury lawsuit is entitled to receive damages. These can include money to cover medical expenses loss of wages, as well as incident-related expenses. Other damages can compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have used in the same situation, which led to your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property, and the value of lost wages if an injury lawyers (visit their website) kept you from working or required you to take time off or sick. General damages, also known as pain and suffering, are harder to quantify. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, an amount of 1.5 to 5. The most severe injuries are likely to result in higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation isn't mandatory for every injury case. However it can be used as a way to settle a dispute and avoid having a judge or injury lawyers jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.

The mediator will ask you questions to find out what you expect and the amount of money you want. The mediator will then talk with both sides on their own. You will then make counter-offers and exchange offers to reach a resolution.

The aim of mediation is achieving a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complex injury attorney cases are settled via mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will be based on your specific circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your attorney will present a case of peers to a jury. The jury will be accountable for determining if the defendant was negligent and, in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and that you deserve financial damages to cover these expenses and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, handed down by the judge or jury in a bench trial, will determine whether the defendant was negligent and, in the event of negligence, what amount of financial damages are entitled to.