How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to cover medical expenses and make up for lost income. Many people are unsure of the litigation process.

In this blog post, we will review five legal milestones that each personal injury claim has to undergo.

Time to File

Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you don't make a claim within this time frame, it will almost always be dismissed.

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

A good lawyer will then present a settlement demand. However, your attorney cannot issue a settlement demand until you have reached the point of maximum medical improvement and are as well-as possible.

If you've been injured by a government agency or a doctor employed by the government, you could have additional deadlines that you must meet in addition to the standard statute of limitations. These are sometimes 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. They are usually resolved faster than other cases.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are some exceptions to the rule which can stop it in certain instances. The discovery rule, for example permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally impaired or is younger than. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an injury case is entitled to compensation. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or lost satisfaction because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have applied in the same situation which resulted in your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property, and the value of lost earnings if an injury prevented you from working or caused you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like an amount of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

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

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then speak with both sides alone. Then, you'll be back and forth with counteroffers and offers to reach a settlement.

Both the party responsible for the negligence and the injured victim wants to go to court Therefore, the best option is to settle in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to arrange a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case is not resolved out of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will argue your case to a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and in the event that they were, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a juror or judge during the bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.