How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and replace lost income. However there are many who aren't clear about how the litigation process operates.

In this blog post, we'll review five legal milestones that every personal injury claim must go through.

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident, injury lawyer you are required to file a lawsuit. If you don't file your claim in the timeframe it is usually dismissed.

When a case is filed, the parties begin a process called discovery that involves exchanging information like documents, witness testimony and depositions. This could take months depending on the complexity of the case.

A good lawyer will submit a settlement request. However, your lawyer can't make a demand until after you are at the point of maximum medical improvement and are as well-as possible.

You could also be required to adhere to additional time limits if you've been injured by a government entity the government or by a physician who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer will be able to explain these in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims including car accidents and 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 starts to tick the day after you have been injured. However, there are exceptions to this rule that can effectively pause the clock in certain cases. For example the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitation can be reduced or even tolled in some cases for instance, when the plaintiff is younger or is mentally disabled. Contact an experienced injury lawyer (navigate to this website) to determine the statute of limitations applicable to your situation. If you try to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim and his or her family.

Damages

If a person wins a personal injury case is entitled to compensation. They may include compensation for the victim's medical costs as well as lost wages and other incident-related expenses. Other types of damages are awarded to a person who is suffering from emotional distress or loss of satisfaction due to an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same situation which led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property, and the value of lost wages if an injury prevented you from working, or forced you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor injury lawyer or short-term injuries.

Mediation

Mediation is not mandatory in all injury cases. However it can be used to resolve a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The mediator will then discuss the matter with both sides on their own. Then, you'll exchange counteroffers and offers in order to arrive at a settlement.

The purpose of mediation is to come to a settlement that neither the responsible party nor injured party want to take to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most complex injury 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 most favorable settlement for your particular situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a case to peers to jurors. The jury is responsible for determining if the defendant was negligent and, should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.

During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will make use of evidence to counter your claims, and stop them from having to pay any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be issued by a judge or jury at the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages should you be awarded.