How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and compensate for the loss of income. However many people aren't sure about how the litigation process works.

This blog post will go over five stages that all personal injury claims must go through.

Time to File

Every state has a law that limits the time you must make a claim following an accident. If you don't file your claim within the window, it will most likely be dismissed.

After a case has been filed, the parties begin a process of discovery. It involves exchanging documents like witness statements, documents and depositions. This can take a long time depending on the complexity of the case.

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

You could also be required to adhere to additional time limitations if 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 specific for each situation. Your attorney can explain these in more detail. In general these cases are resolved more quickly than others.

Statute of limitations

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

In most states the statute of limitations "clock" starts ticking when you are injured. There are some exceptions to this rule, which could cause it to stop in certain circumstances. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In certain circumstances the statute of limitations could be shortened or tolled. For instance, if the plaintiff is mentally impaired or is younger than. It is recommended to consult an experienced injury attorney to determine the exact statute of limitations that applies to your particular case. If you attempt to file a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences on the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical treatment and lost wages as well as the costs related to an accident. Other types of damages compensate a person who has suffered emotional distress or loss of pleasure due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that an average person would have applied in the same situation that led to your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property and the cost of lost wages if an injury stopped you from working or required you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are usually more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't required in every injury lawsuits case. However it is often used as a way to resolve a dispute and avoid having a judge or jury decide the outcome. In mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides in a private setting. You will then offer counteroffers and exchange ideas in order to reach a decision.

The aim of mediation is to arrive at a settlement that neither the liable party nor injured party want to take to court. This is an essential step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of the courtroom, your attorney could decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, injury your attorney will present a case to peers to a jury. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be paid to cover your financial losses, injuries and other expenses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, which is given by the judge or injury a jury in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial damages you should be awarded.