How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and to make up for lost income. A lot of people aren't certain about the process of litigation.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must undergo.

Time to File

Every state has a statute of limitations that sets the period of time following an accident, you are required to start a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents, witness testimony, and depositions. This can take a long time depending on the complexity of the case.

At this point, an experienced lawyer will present an offer of settlement. However, your lawyer can't make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government entity or a medical professional working for the government, you could have additional deadlines to comply with in addition the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are very specific to each specific situation. Your attorney can clarify these more in detail. They are usually resolved quicker than other types of cases.

Statute of limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many different types of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you've been injured. However there are exceptions to this rule, which can effectively pause the clock in certain cases. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury attorneys.

In certain cases, the statute of limitations can be reduced or torpedoed. For instance, if the plaintiff is mentally handicapped or is younger than. It is best to speak with an experienced injury lawyer to determine the specific statute of limitations that applies to your case. If you attempt to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury lawyer case is entitled to damages. They can include money for medical costs loss of wages, as well as the costs associated with an accident. Other types of damages can compensate a person 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 the court. Your lawyer will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering are more difficult to determine. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation isn't required in all injury cases. However it can be used to resolve a dispute without having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you're expecting and how much money you'd like. The mediator will then speak with both sides alone. Then, you'll alternate between counteroffers and offers in order to come to a resolution.

The party who is at fault and the injured victim wants to go to court Therefore, the best option is to settle in mediation. This is a vital step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for injury lawyer you, whether you have been involved in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney may decide that trial is required. This will be based on your individual circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if so then how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and financial damages are needed to cover your losses and expenses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, delivered by jurors or judges in a bench trial will decide if the defendant was negligent, and if so, what amount of financial compensation you are entitled to.