How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and to make up for lost income. Many people aren't sure about the litigation process.

In this blog post, we'll look at five milestones in litigation that every personal injury law firm law firms (linked resource site) case must go through.

Time to File

Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you do not file your claim within this period, it is most likely be dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Depending on the nature of the case, this might take months.

At this point, an experienced lawyer will issue an agreement demand. However, your lawyer cannot make a demand until after you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government agency or a medical professional working for the government, you could be subject to additional time limits to comply with in addition the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in more detail. In general the cases are quicker to resolve than other cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. However there are exceptions to this rule which could effectively pause the clock in some cases. 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.

The statute of limitations can be reduced or even tolled in some cases for instance, when the plaintiff is young or has a mental disability. You should consult with an experienced injury attorney to determine the precise limitation period that applies to your case. If you try to make a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

Anyone who prevails in an accident case is entitled to damages. This could include money to pay for the victim's medical treatment as well as lost wages and the costs caused by an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of enjoyment because of 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 behave in a way which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or required you to take time off or sick. General damages, injury Law firms also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be higher for severe injuries than for less serious or short-term injuries.

Mediation

Although it's not an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, both parties will sit down with the mediator. After that, you'll be back and forth with offers and counteroffers to come to a resolution.

Both the party responsible for the negligence and the injured victim wants to go to trial and so the aim is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, no matter if you've been in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case has not been resolved outside of court. This will be based on your particular circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

Your attorney will argue your case to a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and, should they be awarded compensation you'll receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant led to your injuries and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be given by a juror or judge at the bench trial. It will decide if the defendant was negligent or if they were, how much financial damages could you be awarded.