공지사항

How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay for medical expenses and compensate for the loss of income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be through.

Time to File

Each state has a statute that limits the amount of time you are required to make a claim following an accident. If you do not submit your claim within the timeframe it is usually dismissed.

After a case has been filed, the parties will begin a discovery process that involves exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.

A reputable lawyer will make a settlement request. Your attorney 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 an entity of the government or by a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain them in greater detail. In general the cases are resolved more quickly than others.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations begins to run the day the injury. There are exceptions to the rule which could effectively pause it in certain cases. For example the discovery rule allows you to file a lawsuit when you find (or injury Claim should have discovered with reasonable care) your injury law.

The statute of limitation can be reduced or even tolled in certain situations, such as when the plaintiff is younger or has mental disabilities. It is recommended to consult an experienced attorney for injury to determine the exact statute of limitations that applies to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences on the victim and the family members of the victim.

Damages

A person who is awarded an injury claim lawsuit is entitled to damages. They could include compensation for the victim's medical costs or lost wages as well as other incident-related expenses. Other damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that reasonable people would have exercised in the same circumstance which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries lead to higher general damages than those resulting from small or short-lasting injuries.

Mediation

While it is 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 who is referred to as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then meet with both sides alone. Then, you can make counter-offers and exchange proposals to find a solution.

Neither the negligent party nor the injured victim wants to go to trial Therefore, the best option is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case is not settled outside of court. This will be based on your particular circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present your case to peers before jurors. The jury is responsible for determining whether the defendant was negligent and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, delivered by a judge or jury in a bench trial, will determine whether the defendant was negligent, and should it be determined what amount of financial damages you are entitled to.