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 recover damages to pay your medical bills and compensate for the loss of income. However, many people are unclear about how the litigation process operates.

In this blog post, we will examine five key litigation milestones every personal injury claim must go through.

Time to File

Every state has a law that limits the time you must start a lawsuit following an accident. If you fail to file your claim in this time frame, it is almost always dismissed.

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

A good lawyer will submit a settlement request. Your lawyer can only make this demand after you have reached maximum medical improvement.

If you were injured by a government organization or a medical professional working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in greater detail. In general the cases are faster to be resolved than other ones.

Statute of limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable 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 wrongful death cases.

In most states, "the clock" of the statute of limitations starts to tick on the day you have been injured. There are a few exceptions to the rule that can effectively stop it in certain circumstances. For example the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitations could be reduced or torpedoed. For instance, if the plaintiff is mentally impaired or is underage. You should consult with an experienced Injury Law Firms attorney to determine the exact limitation period that applies to your particular case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an accident case is entitled to compensation. These may include money to cover the cost of the victim's medical treatment, lost wages, and the costs caused by an accident. Other types of damages pay compensation to someone who has suffered emotional distress or lost enjoyment due to an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have exercised in the same circumstance which resulted in your injury.

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages are also referred to as 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 estimate general damages. Severe injuries will generally lead to higher general damages than smaller or less-permanent injuries.

Mediation

Mediation is not mandatory in every case of injury. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. You will then make counter-offers and exchange proposals to find a solution.

The aim of mediation is achieving an agreement where neither the negligent party nor injured party want to take to court. This is an essential step to avoid the long and stressful process of litigation. Even the most difficult injury lawyers cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you have been involved in a workplace accident or auto accident. Contact us today to schedule a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case is not settled outside of court. This will be based on your particular circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

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

During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will use evidence to back up your claims, and stop them from having to pay any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is delivered by the judge or jury in a bench trial will determine whether the defendant was negligent and if so, the amount of financial compensation you should be awarded.