How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to claim compensation for medical bills or lost income, you could make a claim. However many people are confused about how the litigation process is carried out.

This blog post will go over five stages that all personal injury claims must pass through.

Time to File

Every state has a statute of limitations which defines the period of time following an accident when you have to bring a lawsuit. If you fail to submit your claim within this time frame it is nearly always dismissed.

Once a case is filed and the parties are able to begin a process of discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the complexity of the case, this might take months.

A reputable lawyer will submit a settlement request. However, your attorney cannot issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government organization or a medical professional working for the government, you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in more depth. In general these cases are solved more quickly than other cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different types of personal injury claims, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run the day you were injured. There are some exceptions to the rule that can stop it in certain instances. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitation can also be shortened or extended in certain situations like when the plaintiff is younger or mentally disabled. You should consult with an experienced lawyer for injury to determine the specific time limit that applies to your particular case. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. These could include funds to pay for the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same circumstance which resulted in your injury.

Special damages, such as the cost of replacing or injury repairing damaged property or lost wages when an injury prevents you from working or forces you to take vacation or sick leave are simple to calculate. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages tend to be greater for serious injuries than for short-term or minor injuries.

Mediation

Although it's not required in every injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you expect and the amount of money you want. The mediator will then talk with both sides at a time. You will then make counter-offers and exchange offers to reach a resolution.

The aim of mediation is to come to a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a vital step in avoiding the long and stressful litigation process. Even the most complex peoria injury attorney cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been in a workplace accident or an auto accident. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial in the event that your case isn't resolved outside of court. This will be based on your individual circumstances, the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if they were then how much compensation should be awarded to cover your financial losses, injuries, and expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.