How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, you can file a lawsuit. Many people aren't sure about the process of litigation.

This blog post will cover five stages that all personal injury claims have to go through.

Time to File

Each state has a statute which limits the time you are required to bring a lawsuit following an accident. If you do not file your claim within this window, it will almost always be dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.

A good lawyer will submit a settlement request. The lawyer can only make this demand once you have achieved your maximum medical improvement.

You may also be required to adhere to additional time limitations if injured by an entity of the government or by a physician who works for injury lawyer the government. These are often called "discovery rules" or equitable tolling, and are very specific to each situation. Your lawyer can clarify these more in detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury lawsuits claims, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you've been injured. There are a few exceptions to the rule which could cause it to stop in certain cases. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is underage. Get an experienced injury lawyer - https://www.koreathai.com:443/bbs/board.php?Bo_table=Foods_restaurants&wr_id=308046 - to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired the court could dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to damages. These can include money to pay for the victim's medical care, lost wages, and the costs related to an accident. Other damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

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

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 a vacation or sick leave, are simple to calculate. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages are usually higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it is often used as a way to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to determine what you're expecting and the amount you'd like. Then, both sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.

Both the party responsible for the negligence and the victim of injury would like to go to trial therefore the goal is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been involved in a workplace accident or auto accident. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case isn't resolved out of court. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay any amount. After both sides have made their closing arguments, the jury will deliberate. The verdict, handed down by the judge or a jury in a bench trial will determine if the defendant was negligent, and if so, the amount of financial damages you should be awarded.