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 obtain damages to pay for medical expenses and compensate for the loss of income. Many people aren't sure about the litigation process.

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

Time to File

Every state has a law that limits the amount of time you are required to file a lawsuit after an accident. If you do not make a claim within this time frame, injury attorney it will most likely be dismissed.

After a case has been filed the parties will then begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

A reputable lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

You may also be required to adhere to additional time limits if you've been injured by an entity belonging to 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 specific to each specific situation. Your attorney will be able to explain these in greater detail. In general these cases can be resolved more quickly than others.

Statute of Limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

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

In certain circumstances, the statute of limitations can be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or underage. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your situation. If you attempt to bring 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 as well as the family members of the victim.

Damages

The person who wins an injury case is entitled to damages. These can include money to pay for Injury Attorney the victim's medical expenses as well as lost wages and the costs associated with an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or lost satisfaction due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant did not behave in a way which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury prevented you from working or required you to take time off or sick. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it is often used to resolve a dispute without having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you want. The two sides will have a private discussion with the mediator. After that, you'll go back and forth with counteroffers and offers until you reach a settlement.

The aim of mediation is to reach an agreement in which neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today for an appointment for a no-cost consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney may decide that going to trial is necessary. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a case to peers before the jury. The jury will determine whether the defendant was negligent and, if so, how much compensation is due to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have made their closing arguments, the jury will deliberate. The verdict, which is handed down by jurors or judges in a bench trial will decide if the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.