How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, you can start a lawsuit. However, many people are unclear about how the litigation process is carried out.

This blog post will talk about five milestones that all personal injury claims must be able to pass through.

Time to File

Every state has a law that limits the time you have to bring a lawsuit following an accident. If you do not submit your claim within this window, it will almost always be dismissed.

Once a case is filed, the parties start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

At this point, a skilled lawyer will submit an offer of settlement. But, your lawyer is not able to issue a settlement demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

If you were injured by a government entity or a doctor employed by the government, you may have additional time constraints that you must meet in addition to the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in greater detail. Generally these cases can be solved more quickly than other cases.

Statute of limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be extended or reduced in some cases, such as when the plaintiff is underage or mentally disabled. You should consult with an experienced injury lawyer to determine the precise statute of limitations that applies to your particular situation. If you try to file a lawsuit after the statute of limitations 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

If a person is awarded a personal injury lawyers lawsuit is entitled to receive damages. These could include funds to cover the cost of the medical treatment of the victim or lost wages, as well as the costs caused by an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional stress caused by 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 the defendant did not behave with the level of care that a reasonable person would have exercised in the same situation which resulted in your injury.

Special damages are usually simple to calculate, injury lawyer including the cost of repairing or replace damaged property and the amount of lost earnings if an injury prevented you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. Severe injuries will generally lead to higher general damages than minor or temporary injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it is often used as a way to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you are 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 discuss the matter with both sides in a private setting. You will then make counteroffers and exchange offers for a resolution.

The party who is at fault and the victim who has been injured would like to go to trial, so the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been involved in a workplace accident or an auto accident. Contact us today to set up an appointment for a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case has not been settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the defendant's insurer.

Your lawyer will argue your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent and in the event that they were, injury lawyer how much compensation you will receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that financial damages are required to cover your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is delivered by jurors or judges in a bench trial will determine whether the defendant was negligent and, if so, what amount of financial damages you are entitled to.