How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to cover medical expenses and to 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 be able to pass through.

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident that you must start a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.

A good lawyer will make a settlement request. However, your lawyer cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

You could also be required to adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater depth. They are usually resolved faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule that can effectively pause the clock in certain circumstances. For instance, the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases, the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally handicapped or underage. You should consult with an experienced injury attorney to determine the particular statute of limitations applicable to your particular situation. If you attempt to submit a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as his or her family.

Damages

A person who wins in an injury lawyer lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical care or lost wages, as well as the costs caused by an accident. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have used in the same situation which resulted in your injury attorneys.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to result in greater general damage awards than minor or short-lasting injuries.

Mediation

While it's not a mandatory part of any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you'll exchange counteroffers and offers to come to a resolution.

The purpose of mediation is to reach an agreement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for 125.141.133.9 you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case is not settled out of court. This will depend on your personal circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will present your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, given by a judge or jury in a bench trial, will determine whether the defendant was negligent, and in the event of negligence, what amount of financial compensation you are entitled to.