How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to cover medical expenses and replace lost income. However there are many who aren't clear about how the process is carried out.

In this blog post, injury lawyer we will examine five key litigation milestones every personal injury claim must undergo.

Time to File

Every state has a law which limits the time you are required to start a lawsuit following an accident. If you do not file your claim within this period, it is most likely be dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of the case, this might take months.

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

You may also be required to adhere to additional time limits if you've been injured by a government entity the government or by a physician who is employed by the government. These are often referred to as "discovery rules" or equitable tolling and are very specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved faster 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 are applicable to many different kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or extended in some cases like when the plaintiff is young or has a mental disability. You should consult with an experienced injury lawyer to determine the precise statute of limitations applicable to your case. If you try to make a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled damages. These can include money for the victim's medical costs loss of wages, as well as accident-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant did not behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

While it's not required in any injury case, mediation 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 mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then meet with both sides alone. Then, you'll make counteroffers and exchange offers to reach a resolution.

The purpose of mediation is achieving an agreement in which neither the negligent party nor injured victim want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your lawyer may decide that a trial is necessary. This will be based on your individual circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

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

During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, injury lawyer delivered by the judge or jury in a bench trial, will determine whether the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.