How the Injury Lawsuit Process Works

If you've been injured in an accident and seumwater.com you need to recover damages for medical bills or lost income, you can bring a lawsuit. However there are many who aren't clear about how the litigation process operates.

This blog post will discuss five stages that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident, you are required to start a lawsuit. If you do not file your claim within this window, it will almost always be dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This can take a long time depending on the nature of the case.

At this point, an experienced lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by a government entity the government or a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater depth. In general these cases are resolved more quickly than others.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different types of personal injury lawyers lawsuits, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule that could effectively pause the clock in certain situations. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some instances the statute of limitations can be shortened or even tolled. For example, if the plaintiff is mentally handicapped or underage. You should consult with an experienced injury lawyer to determine the precise statute of limitations that applies to your situation. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical expenses and lost wages as well as the expenses that result from an accident. Other damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same situation which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or requires you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are harder to quantify. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. Severe injuries will generally result in higher general damages than those resulting from minor or short-lasting injuries.

Mediation

While it is not an essential element of every injury case it can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you'd like. Then, the two parties will sit down with the mediator. Then, you can make counteroffers and exchange offers to reach a resolution.

The aim of mediation is to reach an agreement that neither the party who is at fault nor the injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been in an accident at work or in an auto accident. Call us today to arrange an initial consultation for free. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney might decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present a case of peers to jurors. The jury will be accountable for determining if the defendant was negligent and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and financial damages are required to pay for your expenses and losses. The defense will present 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 will be issued by a judge or jury during a bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, injury what amount of financial damages will you be awarded.