How the Injury Lawsuit Process Works

If you've been injured in an accident and need to claim compensation for medical bills or lost income, you could make a claim. However many people aren't sure about how the process is carried out.

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Every state has a law that limits the amount of time you are required to start a lawsuit following an accident. If you do not file your claim in the timeframe, it is almost always dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of the case, this might take months.

A good lawyer will then submit a settlement request. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more detail. In general these cases can be faster to be resolved than other ones.

Statute of Limitations

If you wish to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. There are a few exceptions to this rule, which can effectively stop it in certain situations. For instance the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally handicapped or is younger than. It is recommended to consult an experienced lawyer for injury to determine the particular statute of limitations that applies to your particular situation. If you attempt to submit a claim after your deadline has passed the case could be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

Anyone who prevails in an injury law Firms case is entitled to damages. They may include compensation to cover medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to act in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are generally more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in every case of injury. However, it can be used as a way to resolve a dispute without having a judge or jury decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The mediator will then talk with both sides in a private setting. After that, you will go back and forth with offers and counteroffers to reach a settlement.

Neither the negligent party nor the victim who has been injured would like to go to trial therefore the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful process of litigation. Even the most difficult injury cases are settled via mediation. If you're involved in an auto crash 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 initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

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

Your attorney will present your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if so, how much compensation should be paid to cover your financial losses, injuries, and expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages needed compensate for your losses and expenses. The defense will use evidence to counter your allegations, and prevent them from having to pay you any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, issued by either the judge or jury in a bench trial will decide if the defendant was negligent and Injury Law firms in the event of negligence, what amount of financial damages you are entitled to.