How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay medical bills and compensate for the loss of income. However many people are confused about how the litigation process is conducted.

This blog post will cover five milestones that all personal injury claims must go through.

Time to File

Each state has a statute that limits the amount of time you can file a lawsuit after an accident. If you fail to file your claim in this time frame it is usually dismissed.

Once a case is filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this could take months.

A good lawyer will submit a settlement request. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government entity or a medical professional working for the government, you could have additional time constraints to adhere to in addition to the standard statute of limitations. 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. These cases are typically resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to many different types of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

The statute of limitation can be extended or reduced in certain circumstances in certain circumstances, for example, if the plaintiff is young or mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to compensation. These could include funds to pay for the victim's medical treatment and lost wages as well as the expenses associated with an accident. Other types of damages compensate someone who is suffering from emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same situation, which led to your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property or the cost of lost wages if an injury stopped you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages are generally more severe for injuries that are serious than for short-term or injury law firm minor injuries.

Mediation

Mediation is not mandatory in all injury cases. However, it can be used to resolve a dispute without having a jury or judge decide the outcome. In mediation, you can talk about your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both sides will talk alone with the mediator. After that, you will be back and forth with counteroffers and offers until you come to a resolution.

The purpose of mediation is to come to a settlement that neither the party who is at fault nor the injured (Full Post) victim would prefer to take to court. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule a free 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 trial is required. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case to peers to a jury. The jury will be responsible to determine if the defendant was negligent and should they be awarded compensation you should receive to cover 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 pay for the expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay any amount. After both sides have made their closing arguments and the jury deliberates. The verdict, delivered by jurors or judges in a bench trial will determine if the defendant was negligent and, if so, the amount of financial damages should be awarded.