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 pay for medical expenses and compensate for the loss of income. However there are many who aren't clear about how the litigation process works.

In this blog post, we'll examine five key litigation milestones every personal athens injury lawyer claim must go through.

Time to File

Every state has a statute of limitation that specifies the time frame after an accident when you have to start a lawsuit. If you don't submit your claim within this period, it is almost always be dismissed.

Once a case is filed, the parties start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the nature of the case, this might take months.

A good lawyer will submit a settlement request. But, your lawyer is not able to make this demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government organization or a medical professional working for the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents, 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 have been injured. There are exceptions to the rule that could effectively pause it in certain instances. The discovery rule, for instance, allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally impaired or is younger than. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your particular case. If you try to submit a claim after the deadline has passed your case will most likely be dismissed by the court. This can have devastating effects on the victim and the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. They could include compensation for medical expenses loss of wages, injured as well as incident-related expenses. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property as well as the amount of lost wages if an injury stopped you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation is not mandatory for every injury case. However, it can be used to resolve a dispute and avoid having a jury or judge decide the outcome. In mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers in order to reach a settlement.

Neither the negligent party nor the victim who was injured want to go to trial Therefore, the best option is to settle the matter in mediation. This is an essential step to avoid a lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to set up an appointment for a no-cost consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will present what is known as your case before a jury during the trial. The jury is responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During the 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 pay for your expenses and losses. The defense will present evidence to defend themselves against your accusations and injured keep them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a judge, or a jury at the bench trial. It will determine if the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.