How the Injury Lawsuit Process Works

If you've been injured in an accident and need to claim compensation for medical bills or lost income, you may bring a lawsuit. Many people are unsure of the process of litigation.

This blog post will cover five milestones that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitation that specifies the time period after an accident, you are required to file a lawsuit. If you do not submit your claim within this period, it is almost always be dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of the case, this might take months.

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

You may also be required to adhere to additional deadlines if you were injured by a government entity the government or a medical professional who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for 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 wish to maximize your chances of obtaining fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. 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 and the cases of wrongful death.

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. However, there are exceptions to this rule which could effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury.

In some instances the statute of limitation may be shortened or tolled. For instance, if the plaintiff is mentally handicapped or underage. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

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

The amount of damages will be determined by a jury based upon evidence presented in court. Your attorney will argue that defendant did not act in a manner which a reasonable person could have done in the same circumstance. This resulted in 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 prevented you from working or forced you to take time off or sick. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation is not required in every case of Injury Law Firms. However it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you'll alternate between offers and counteroffers to find a solution.

The negligent party and the victim who has been injured would like to go to court Therefore, the best option is to settle in mediation. This is a crucial step to avoid the long and stressful process of litigation. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to set up an appointment with us for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of court, your attorney might decide that going to trial is necessary. This will be based on your individual circumstances, the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your lawyer will present your case to peers to the jury. 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, costs and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will present evidence to refute your claims and stop them from owing you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge, or a jury in a bench trial. It will decide whether the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.