How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit (click through the up coming page) can help you recover damages to cover medical expenses and replace lost income. However many people aren't sure about how the process is carried out.

In this blog post, we'll discuss five litigation milestones that every personal injury claim must go through.

Time to File

Each state has a statute of limitations that sets the time period after an accident that you must bring a lawsuit. If you fail to submit your claim within this time frame the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

A reputable lawyer will submit a settlement request. But, your lawyer is not able to make a demand until you have reached the point of maximum medical improvement and are as well-as possible.

You may also have to adhere to additional time limitations if injured by an organization of the government or by a doctor who works for the government. These are sometimes called "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can explain them in more detail. In general the cases are quicker to resolve than other cases.

Statute of limitations

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

In the majority of states the statute of limitations "clock" starts ticking on the day you were injured. There are exceptions to the rule which could effectively pause it in certain cases. The discovery rule, injury lawsuit for instance, allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain cases the statute of limitations may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is younger than. You should consult with an experienced injury attorney to determine the exact statute of limitations applicable to your particular situation. If you attempt to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins a personal injury case is entitled to compensation. These may include money to pay for the victim's medical treatment, lost wages, and the costs related to an accident. Other types of damages are awarded to a person who has suffered emotional distress or loss of enjoyment in life because of an accident.

The amount of damages will be determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have applied in the same circumstance which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or requires you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically higher for severe injuries than for short-term or minor injuries.

Mediation

Although it's not an obligatory element in any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much you want. The mediator will then discuss the matter with both sides at a time. Then, you can make counter-offers and exchange offers to reach a resolution.

The party who is at fault and the victim of injury would like to go to trial and so the aim is to settle in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury law firms, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to schedule a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent, and should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and that financial damages are required to cover your losses and expenses. The defense will use evidence to counter 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 will be announced by a judge or a jury at a bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages should you be awarded.