How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and replace lost income. However many people are confused about how the litigation process is conducted.

This blog post will go over five important milestones that all personal injury law firm claims must pass through.

Time to File

Each state has a statute of limitations that sets the amount of time after an accident to make a claim. If you do not file your claim within this period, it is most likely be dismissed.

Once a case is filed the parties begin a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. This could take several months depending on the nature of the case.

At this point, a reputable lawyer will present an offer for settlement. The lawyer can only make this demand after you have reached maximum medical improvement.

You may also have to adhere to additional time limits if you've been injured by a government entity the government or a medical professional who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many different types of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death claims.

In most states, the statute of limitations "clock" starts ticking when you are injured. However there are exceptions to this rule that can effectively stop the clock in certain situations. The discovery rule, for instance, allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could be extended or reduced in certain cases for instance, when the plaintiff is underage or has a mental disability. It is best to speak with an experienced injury lawyer to determine the precise limitation period that applies to your particular case. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled damages. They could include compensation for medical costs or lost wages as well as other accident-related costs. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that 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 are generally easy to calculate, for example the cost to repair or replace damaged property, and the amount of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used as a way to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much you'd like to spend. Then, the two sides will talk alone with the mediator. You will then make counter-offers and exchange offers to reach a resolution.

The aim of mediation is to come to an agreement that neither the liable party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been in an accident at work or in an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your attorney may decide that a trial is necessary. This will be based on your specific circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

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

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial compensation you should be awarded.