How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury law firms lawsuit could help you recover damages to pay for medical expenses and to make up for lost income. Many people aren't sure about the process of litigation.

In this blog post, we will look at five milestones in litigation that every personal injury claim must go through.

Time to File

Every state has a law that restricts the time you can bring a lawsuit following an accident. If you do not file your claim in the timeframe it is usually dismissed.

After a case has been filed the parties start a process called discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this could take months.

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

If you were injured by a government agency or a medical professional working for the government, you could be subject to additional time limitations to meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are specific to each specific situation. Your lawyer will be able to explain these in more detail. These cases usually settle faster than other types of cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. However there are exceptions to this rule, which can effectively stop the clock in certain situations. The discovery rule, for example permits you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitation may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is younger than. It is recommended to consult an experienced injury lawyer to determine the exact time limit that applies to your particular situation. If you try to make a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to damages. They may include compensation to cover medical expenses or lost wages as well as other the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave are simple to calculate. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, for Injury Lawsuit instance, a factor of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it's not required in any injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then speak with both sides in a private setting. You will then make counter-offers and exchange offers to find a solution.

The aim of mediation is to reach an agreement where neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is required. This will be based on your particular circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will present what is known as your case before a jury during the trial. The jury will determine if the defendant was negligent and if they were, Injury lawsuit how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and the financial damages needed compensate for your losses and expenses. The defense will use evidence to argue your allegations, and prevent them from having to pay any amount. The jury will then 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 determine if the defendant was negligent and should it be determined what amount of financial damages you should be awarded.