How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawyers lawsuit can help you obtain damages to pay medical bills and to make up for lost income. However there are many who aren't clear about how the litigation process works.

In this blog post, we will examine five key litigation milestones each personal injury claim has to be able to pass through.

Time to File

Every state has a statute of limitations which defines the time frame after an accident that you must file a lawsuit. If you fail to file your claim in this time frame, it is almost always dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this can take months.

At this point, a skilled lawyer will present an agreement demand. But, your lawyer is not able to issue a settlement demand until you've reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government agency or a doctor working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling and are unique to each situation. Your attorney will be able to explain these in more detail. Generally these cases can be solved more quickly than other cases.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, the statute of limitations "clock" starts ticking on the day that you were injured. There are a few exceptions to this rule, which could cause it to stop in certain situations. For instance the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your injury attorneys.

In some cases, the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally impaired or is underage. It is recommended to consult an experienced injury attorney to determine the precise time limit that applies to your particular situation. If you attempt to make a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

A person who wins in an injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical expenses, lost wages, and the expenses related to an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your lawyer will argue that defendant did not behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. Severe injuries will generally result in greater general damages than minor or temporary injuries.

Mediation

Mediation isn't required in all injury cases. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, known as mediator.

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

The party who is at fault and the victim who was injured want to go to court Therefore, the best option is to settle the matter in mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present your case to peers before the jury. The jury will determine if the defendant was negligent and if they were then how much compensation is due to cover your losses due to injuries, Injury Lawsuit financial loss and other expenses.

During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and that the financial damages needed cover your expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be given by a judge or jury in a bench trial. It will decide whether the defendant was negligent and, if they were, how much financial damages are you entitled to.