How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical bills or lost income, you can make a claim. A lot of people aren't certain about the litigation process.

This blog post will cover five stages that all personal injury claims have to go through.

Time to File

Every state has a law which limits the time you have to start a lawsuit following an accident. If you don't file your claim within the window, it will most likely be dismissed.

Once a case is filed the parties will then begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the nature of the case.

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

If you were injured by a government agency or a doctor working for the government, you may be subject to additional time limits 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 to each case. Your lawyer will be able to explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In the majority of states, the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the Injury Lawyers.

In some cases the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally impaired or underage. You should consult with an experienced attorney for injury to determine the particular statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitation has expired the court may dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. They could include compensation for the victim's medical costs or lost wages as well as other the costs associated with an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost pleasure because of an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. Serious injuries typically lead to higher general damages awards than small or Injury lawyers short-lasting injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be utilized as a way to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to determine what you expect and the amount you'd like. Then, the two parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers until you arrive at a settlement.

The party who is at fault and 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 in avoiding the long and stressful litigation process. Even the most difficult injury cases are settled via mediation. Whether you are involved in an auto accident 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 appointment for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

Your attorney will present what is known as your case to a jury during the trial. The jury will determine whether the defendant was negligent and if they were, how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial your lawyer will use evidence to show that the negligence of the defendant led to your injuries and financial damages are needed to cover your expenses and losses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or jury at the bench trial. It will decide whether the defendant was negligent or if they were, how much financial damages are you entitled to.