How the Injury Lawsuit Process Works

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

This blog post will go over five milestones that all personal injury attorney claims have to be able to pass through.

Time to File

Each state has a statute that limits the amount of time you must file a lawsuit after an accident. If you do not file your claim in the timeframe it is nearly always dismissed.

After a case has been filed, the parties begin a process known as discovery, which involves exchanging information such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

At this point, a reputable lawyer will make an agreement demand. The lawyer can only make this demand after you have attained the highest level of medical improvement.

If you've been injured by a government entity or a doctor employed by the government, you may be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer will be able to explain these in more detail. They are usually resolved faster than other cases.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations begins to tick the day after the injury. However there are exceptions to this rule which could effectively pause the clock in certain cases. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations could be extended or reduced in certain cases, such as when the plaintiff is younger or has a mental disability. It is best to speak with an experienced injury attorney to determine the exact time limit that applies to your particular case. If you attempt to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

A person who wins an injury lawsuit is entitled damages. These can include money to pay for the victim's medical care or lost wages, as well as the expenses caused by an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost satisfaction because of an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant did not act in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. The most severe injuries are likely to result in greater general damages than minor or temporary injuries.

Mediation

While it is not a mandatory part of any injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're expecting and the amount you'd like to spend. The mediator will then speak with both sides in a private setting. Then, you'll go back and forth with counteroffers and offers to arrive at a settlement.

The negligent party and the injured victim wants to go to court and so the aim is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated 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 best settlement for your particular situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that going to trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your attorney will present your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were then how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During the trial, injury Attorney your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover the costs and injury attorney losses. The defense will use evidence to argue your claims, and stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, given by a judge or jury in a bench trial will determine if the defendant was negligent and, if so, what amount of financial damages you should be awarded.