How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay your medical bills and to make up for lost income. However there are many who aren't clear about how the process is carried out.

In this blog post, we'll examine five key litigation milestones every personal injury claim must be through.

Time to File

Each state has a statute that limits the time you are required to make a claim following an accident. If you don't file your claim within the timeframe, it will most likely be dismissed.

After a case has been filed the parties will then begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. It could take a few months, depending on the complexity of the case.

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

You may also have to adhere to additional time limitations if injured by an entity of the government or a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can clarify these more in detail. They are usually resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is crucial to file an injury Lawsuit (vimeo.com) before your state's statute of limitations runs out. These deadlines are applicable to a variety of personal acworth injury law firm claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

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 could effectively stop the clock in certain situations. The discovery rule, for example, allows you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitations can be shortened or injury lawsuit tolled. For instance, if the plaintiff is mentally impaired or underage. You should consult with an experienced injury attorney to determine the precise statute of limitations that applies to your case. If you attempt to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These can include money to pay for the victim's medical expenses and lost wages as well as the costs caused by an accident. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value 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, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Mediation isn't mandatory in every injury case. However it can be utilized to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then talk with both sides at a time. Then, you'll offer counteroffers and exchange ideas to find a solution.

The goal of mediation is to come to an agreement in which neither the negligent party nor injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today for an initial consultation for free. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial in the event that your case cannot be settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your lawyer will present what is known as your case before a jury during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover these 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, handed down by a judge or jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial damages should be awarded.