How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical bills or lost income, you could file a lawsuit. However many people are confused about how the litigation process is conducted.

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

Time to File

Each state has a statute that limits the time you must bring a lawsuit following an accident. If you do not file your claim within this window, it will most likely be dismissed.

After a case has been filed and the parties begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this could take months.

At this point, an experienced lawyer will present an agreement demand. However, your attorney cannot issue a settlement demand until you are at the point of maximum medical improvement and are as well-as possible.

If you were injured by a government agency or a doctor employed by the government, you could have additional deadlines to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are unique to each case. Your lawyer can explain them in more detail. These cases are usually resolved faster than other cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to tick the day after you were injured. However, there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for instance permits you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally handicapped or is under the age of. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to file a claim after the time limit has expired the case could be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. These can include money to pay for the medical treatment of the victim or lost wages, as well as the expenses that result from an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This resulted in your Injury law Firms.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or forces you to take a vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in higher general damage awards than smaller or less-permanent injuries.

Mediation

While it's not required in every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two parties will sit down with the mediator. Then, you'll go back and forth with counteroffers and offers to arrive at a settlement.

The purpose of mediation is to come to an agreement that neither the responsible party nor injured victim want to go to court. This is an important step in avoiding the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you have been involved in a workplace accident or auto accident. Call us today to arrange an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will be based on your particular circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present your case to peers before jurors. The jury will be accountable 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 the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to back up your accusations, Injury law firms and also to prevent them from having to pay any money. After both sides have made their closing arguments and the jury deliberates. The verdict will be announced by a judge or a jury in the bench trial. It will decide whether the defendant was negligent, and if they were the case, what financial damages will you be awarded.