How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to pay medical bills and replace lost income. However many people aren't sure about how the process is conducted.

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

Time to File

Each state has a statute which limits the time you are required to make a claim following an accident. If you do not file your claim within the window, it will almost always be dismissed.

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

A reputable lawyer will present a settlement demand. The lawyer can only make this demand after you have attained the highest level of medical improvement.

There is also the possibility that you must adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in more detail. They are usually resolved faster than other types of cases.

Statute of Limitations

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

In most states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for example allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain situations like when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences on the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. They can include money for medical costs, lost wages and the costs associated with an accident. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment due to an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property, and the amount of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages tend to be greater for serious injuries than for short-term or minor injuries.

Mediation

While it is not an essential element of every durango injury lawyer case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The two parties will discuss their differences with the mediator. After that, you'll go back and forth with counteroffers and firms offers until you come to a resolution.

Neither the negligent party nor the victim who was injured want to go to trial therefore the goal is to settle in mediation. This is an essential step to avoid the long and stressful process of litigation. Most injury cases settle through mediation, even those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer from the defendant's insurer.

Your lawyer will argue your case before a jury during the trial. The jury will be responsible for determining whether the defendant was negligent and if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or jury at a bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages could you be awarded.