How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay medical bills and replace lost income. However there are many who aren't clear about how the process works.

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

Time to File

Every state has a statute of limitations that sets the amount of time after an accident, you are required to start a lawsuit. If you don't file your claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties are able to start a process called discovery. This involves exchanging information like documents, witness testimony and depositions. This can take a long time depending on the complexity of the case.

At this point, a reputable lawyer will issue an offer for settlement. However, your lawyer can't make a demand until after you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

There is also the possibility that you must adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more detail. Generally the cases are solved more quickly than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

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

In some cases the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally handicapped or is under the age of. It is best to speak with an experienced attorney for injury to determine the specific statute of limitations applicable to your particular situation. If you attempt to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

The person who wins an accident case is entitled to compensation. They could include compensation to cover medical expenses or lost wages as well as other the costs associated with an accident. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same situation which resulted in your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property, and the amount of lost earnings if an injury lawsuits prevented you from working or required you to take sick or firm vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation isn't required for every injury law firm case. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you expect and how much money you want. Then, both parties will discuss their differences with the mediator. Then, you'll make counter-offers and exchange offers in order to reach a decision.

The goal of mediation is to reach a settlement that neither the responsible party nor injured party want to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today for firm an initial consultation for free. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case has not been settled outside 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 to a jury during the trial. The jury is responsible to determine if the defendant was negligent and, should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, which is delivered by the judge or a jury in a bench trial, will decide if the defendant was negligent, and should it be determined what amount of financial compensation you should be awarded.