How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and replace lost income. Many people are unsure about the process of litigation.

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

Time to File

Every state has a statute of limitations which defines the time frame after an accident when you have to start a lawsuit. If you don't submit your claim within this time frame, it will almost always be dismissed.

After a case has been filed and Injury Attorneys the parties are able to begin a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

A good lawyer will make a settlement request. However, your lawyer can't make this demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who is employed by the government. These are generally called "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain them in more detail. They are usually resolved quicker than other types of cases.

Statute of limitations

If you want to increase your chances of getting fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many types of personal injury claims, such as car accidents and 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 when you are injured. However, there are exceptions to this rule, which can effectively pause the clock in certain circumstances. For instance the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitation can also be shortened or tolled in some cases for instance, when the plaintiff is young or has mental disabilities. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins an injury attorneys lawsuit is entitled damages. These can include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment due to an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person might have done in the same situation. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or requires you to take a vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages tend to be more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation is not mandatory in every injury case. However it can be utilized to settle a dispute and avoid having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The two sides will talk alone with the mediator. Then, you will make counter-offers and exchange proposals to reach a resolution.

The negligent party and the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

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

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will provide evidence to defend themselves against your claims and stop them from owing you money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is handed down by a judge or jury in a bench trial, will decide if the defendant was negligent and if so, what amount of financial damages should be awarded.