How the Injury Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical bills or lost income, you could make a claim. Many people aren't sure about the litigation process.

In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be able to pass through.

Time to File

Each state has a statute of limitations that defines the time period after an accident to bring a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.

After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. This could take several months depending on the nature of the case.

At this point, an experienced lawyer will submit an agreement demand. However, your lawyer can't make this demand until you've reached the stage of maximum medical improvement and are as well-as possible.

You may also be required to adhere to additional deadlines if you were injured by an entity of the government or a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater depth. They are usually resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day the injury. However there are exceptions to this rule which could effectively pause the clock in certain cases. The discovery rule, firms for example, allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally handicapped or is under the age of. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you try to file a claim after the deadline has passed your case will most likely be dismissed by the court. This can have devastating effects on the victim as well as their family.

Damages

Anyone who prevails in an injury case is entitled to damages. They could include compensation for medical costs, lost wages and injuries-related costs. Other damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury attorney.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working, or forces you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damages than smaller or less-permanent injuries.

Mediation

While it's not required in every injury case, mediation can be used to settle disputes without having a judge or jury decide 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 sides will talk alone with the mediator. Then, you'll make counteroffers and exchange offers in order to reach a decision.

The purpose of mediation is to arrive at a settlement that neither the negligent party nor injured victim would prefer to take to court. This is a crucial step to avoid the long and stressful process of litigation. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you've been involved in an accident at work or an auto accident. Call us today to arrange a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your lawyer may decide that a trial is necessary. This will be based on your particular circumstances and the quality of your evidence and the insurance company of the defendant's offer.

Your attorney will present what is known as your case before a jury during the trial. The jury will be responsible for determining if the defendant was negligent, and if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the defendant's negligence led to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and if so, the amount of financial damages are entitled to.