How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury attorney, filing a lawsuit can help you obtain damages to pay medical bills and compensate for the loss of income. Many people are unsure about the process of filing a lawsuit.

This blog post will talk about five stages that all personal injury claims must pass through.

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident, you are required to bring a lawsuit. If you do not file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed the parties will then begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time depending on the complexity of the case.

A good lawyer will then offer a settlement. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

If you were injured by a government entity or Injury Lawyer a physician working for the government, you could be subject to additional time limits to comply with in addition the standard statute of limitations. These are generally called "discovery rules" or equitable tolling, and are extremely specific to each situation. Your attorney can explain them in more detail. These cases are typically resolved faster than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

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

The statute of limitations can also be shortened or tolled in certain situations, such as when the plaintiff is underage or has mental disabilities. It is best to speak with an experienced injury lawyer to determine the exact limitation period that applies to your particular situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to compensation. These could include funds to cover the cost of the victim's medical treatment or lost wages, as well as the expenses that result from an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or causes you to take a vacation or sick leave, are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Mediation isn't mandatory for every injury case. However it can be used as a way to resolve a dispute and avoid having a jury or injury lawyer judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to find out what you're expecting and the amount you'd like. The mediator will then discuss the matter with both sides in a private setting. After that, you'll go back and forth with offers and counteroffers to arrive at a settlement.

Both the party responsible for the negligence and the injured victim wants to go to court, so the goal is to settle the matter in mediation. This is an essential step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today to set up a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney might decide that a trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your attorney will argue your case to a jury during the trial. The jury will decide if the defendant was negligent and, if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments and the jury deliberates. The verdict will be given by a juror or judge in a bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages will you be awarded.