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 cover medical expenses and replace lost income. Many people aren't sure about the process of filing a lawsuit.

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

Time to File

Each state has a statute that restricts the time you have to start a lawsuit following an accident. If you don't file your claim in the timeframe the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process known as discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.

A reputable lawyer will make a settlement request. However, your lawyer cannot make this demand until you've reached the stage of maximum medical improvement and are as well-as possible.

If you were injured by a government organization or a doctor working for the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater detail. Generally the cases are resolved more quickly than others.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to run the day you have been injured. There are some exceptions to this rule that can effectively stop it in certain circumstances. The discovery rule, for example allows you to start your case as soon when you have discovered (or Vimeo would have discovered had you taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain situations like when the plaintiff is underage or has a mental disability. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences on the victim and the family members of the victim.

Damages

Anyone who prevails in an injury case is entitled to damages. They could include compensation for the victim's medical costs as well as lost wages and other accident-related costs. Other kinds of damages compensate someone who is suffering from emotional distress or lost enjoyment in life due to an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant failed to act in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, including the cost to repair or Vimeo replace damaged property or the value of lost earnings if an injury prevented you from working or required you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or Vimeo short-term injuries.

Mediation

Although it isn't required in any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you can offer counteroffers and exchange ideas for a resolution.

The goal of mediation is to arrive at an agreement where neither the responsible party nor injured victim want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney may decide that a 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 attorney will present your case to peers before the jury. The jury will determine if the defendant was negligent and, if they were what amount of compensation should be paid to cover your financial losses, injuries, and expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, which is handed down by the judge or a jury in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial damages you should be awarded.