How the Injury Lawsuit Process Works

If you've been injured in an accident and need to get compensation for medical bills or lost income, you could file a lawsuit. However, many people are unclear about how the litigation process works.

This blog post will cover five stages that all personal injury claims have to pass through.

Time to File

Each state has a statute of limitations that defines the time frame after an accident that you must bring a lawsuit. If you do not submit your claim within this period, it is most likely be dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Based on the complexity of the case, this might take months.

A reputable lawyer will make a settlement request. But, your lawyer is not able to make a demand until after you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

You may also be required to adhere to additional deadlines if you were injured by an organization of the government or by a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain these in greater detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. The discovery rule, for example allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or tolled in some cases like when the plaintiff is young or has a mental disability. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations applicable to your particular case. If you try to submit a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. They can include money for the victim's medical costs, lost wages and injuries-related costs. Other types of damages pay compensation to someone who suffers from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your lawyer will argue that defendant failed to behave in a way which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the value of lost wages if an injury law firms stopped you from working or required you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, [Redirect Only] such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

While it's not an obligatory element in any injury case it can be used to settle a dispute without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you'll go back and forth with counteroffers and offers in order to arrive at a settlement.

The goal of mediation is to come to an agreement in which neither the liable party nor injured party want to take to court. This is an essential step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you have been involved in an accident at work or an auto accident. Contact us today to arrange a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present a defense of peers to jurors. The jury will determine if the defendant was negligent and, if they were what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or a jury in the bench trial. It will decide if the defendant was negligent and, if they were and the verdict is a financial one, how much should you be awarded.