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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you could start a lawsuit. However there are many who aren't clear about how the litigation process works.

This blog post will discuss five stages that all personal injury law firm claims have to pass through.

Time to File

Every state has a law that limits the amount of time you can bring a lawsuit following an accident. If you don't file your claim within this time frame, it will most likely be dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this may take months.

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

You could also be required to adhere to additional time limits if you were injured by an entity belonging to the government or a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in greater detail. Generally, these cases are solved more quickly than other cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. There are exceptions to this rule that could effectively pause it in certain instances. The discovery rule, for instance, allows 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 can also be shortened or extended in certain cases, such as when the plaintiff is young or has a mental disability. You should consult with an experienced injury lawyer to determine the particular limitation period that applies to your particular case. If you attempt to file 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 the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have exercised in the same situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or forces you to take vacation or sick leave are simple to calculate. General damages, also referred to as pain and injury lawyer suffering are harder to determine. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in greater general damage awards than minor or temporary injuries.

Mediation

Mediation is not mandatory in all injury cases. However it is often used to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to determine what you're expecting and the amount you want. The mediator will then talk with both sides on their own. You will then make counter-offers and exchange offers for a resolution.

The negligent party and the victim who has been injured would like to go to trial and so the aim is to settle through mediation. This is an important step to avoid a lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present your case to peers before jurors. The jury will determine whether the defendant was negligent, and if they were, how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to argue your claims and stop them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is delivered by jurors or judges in a bench trial will decide if the defendant was negligent and, if so, what amount of financial damages you are entitled to.