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 your medical bills and replace lost income. Many people aren't sure about the litigation process.

This blog post will discuss five important milestones that all personal injury claims have to be able to pass through.

Time to File

Every state has a law that limits the amount of time you must file a lawsuit after an accident. If you don't file your claim within the period, it is almost always be dismissed.

When a case is filed and the parties are able to begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. This can take a long time, depending on the complexity of the case.

A reputable lawyer will make a settlement request. But, your lawyer is not able to make this demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

You may also have to adhere to additional time limitations if injured by an organization of the government or by a physician who is employed by the government. These are often referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can explain them in greater detail. In general these cases can be quicker to resolve than other cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to run on the day you have been injured. However, there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for example permits you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury attorney.

The statute of limitation can be reduced or even tolled in some cases like when the plaintiff is young or has mental disabilities. It is recommended to consult an experienced injury attorney to determine the particular limitation period that applies to your situation. If you try to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

A person who wins in an accident case is entitled to damages. These can include money to pay for the victim's medical expenses or lost wages, as well as the expenses that result from an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have applied in the same situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working, or forces you to take a vacation or sick leave, are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages are typically more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation is not mandatory in all injury cases. However, it can be used to resolve a dispute and avoid having a jury or judge 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 what you want in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. After that, you'll exchange counteroffers and offers to find a solution.

Neither the negligent party nor the injured victim wants to go to court therefore the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, even those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Call us today to arrange an initial consultation for free. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your attorney might decide that a trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if they were then how much compensation is due to compensate your financial losses, injuries, and expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by a judge or 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.