How the Injury Lawsuit Process Works

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

This blog post will discuss five important milestones that all personal injury claims must be able to pass through.

Time to File

Each state has a statute which limits the time you can bring a lawsuit following an accident. If you do not file your claim within this period, it is almost always be dismissed.

When a case is filed the parties begin a process known as discovery. It involves exchanging documents like documents, witness testimony and depositions. This could take months depending on the complexity of the case.

At this point, a skilled lawyer will issue an offer for settlement. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or a medical professional who is employed by the government. These are commonly called "discovery rules" or equitable tolling, and are specific to each case. Your lawyer can explain them in more depth. Generally these cases are faster to be resolved than other ones.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to the rule which could cause it to stop in certain instances. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain circumstances, such as when the plaintiff is younger or has a mental disability. You should consult with an experienced attorney for injury to determine the exact time limit that applies to your particular situation. If you try to file a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

A person who wins an injury lawyer lawsuit is entitled to damages. This could include money to pay for the medical treatment of the victim and lost wages as well as the costs that result from an accident. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that an average person would have applied in the same situation which resulted in your injury.

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property or the value of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. General damages are typically more severe for injuries that are serious as opposed to minor or Injury short-term injuries.

Mediation

While it's not an obligatory element in every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask you questions to find out what you expect and how much you'd like to spend. The two sides will have a private discussion with the mediator. Then, you can make counter-offers and exchange offers in order to reach a decision.

The purpose of mediation is to reach a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is an important step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case is not resolved outside of court. This will be based on your particular circumstances, the strength of your evidence as well as the settlement offer made by the insurance company for the defendant. 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 that they were, how much compensation you will receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will present evidence to show that the negligence of the defendant led to your injuries, and that the financial damages needed pay for your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict is issued by a juror or judge during the bench trial. It will determine whether the defendant was negligent or not, and if so the case, what financial damages are you entitled to.