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How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and make up for lost income. However many people aren't sure about how the litigation process is carried out.
In this blog post, we'll review five legal milestones that each personal injury claim has to be able to pass through.
Time to File
Each state has a statute of limitations that sets the amount of time after an accident that you must file a lawsuit. If you do not file your claim within this time frame, it will almost always be dismissed.
Once a case is filed the parties begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the complexity of the case, this might take months.
At this point, a skilled lawyer will issue an offer of settlement. The lawyer can only make this demand after you have attained the highest level of medical improvement.
If you were injured by a government entity or a doctor 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 sometimes called "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain these in more detail. Generally these cases are quicker to resolve than other cases.
Statute of Limitations
If you'd like to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different types of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.
In most states, "the clock" of the statute of limitations begins to run the day you have been injured. However there are exceptions to this rule which could effectively stop the clock in certain situations. For example, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury attorneys.
The statute of limitation can be extended or reduced in certain cases, such as when the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences on the victim as well as their family.
Damages
If a person wins an accident case is entitled to compensation. They could include compensation for the victim's medical costs loss of wages, as well as injuries-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.
The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable person might have done in the same situation. This led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps 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 a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are generally higher for severe injuries than for short-term or minor injuries.
Mediation
Mediation isn't mandatory in every injury case. However, it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask you questions to find out what you expect and the amount you want. Then, both parties will sit down with the mediator. Then, you'll be back and forth with offers and counteroffers to arrive at a settlement.
The aim of mediation is to arrive at an agreement where neither the negligent party nor injured victim want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
While the majority of injuries are settled out of court, your lawyer may decide that trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.
Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.
During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed compensate for your losses and expenses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be given by a juror or judge during the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages will you be awarded.
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and make up for lost income. However many people aren't sure about how the litigation process is carried out.
In this blog post, we'll review five legal milestones that each personal injury claim has to be able to pass through.
Time to File
Each state has a statute of limitations that sets the amount of time after an accident that you must file a lawsuit. If you do not file your claim within this time frame, it will almost always be dismissed.
Once a case is filed the parties begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the complexity of the case, this might take months.
At this point, a skilled lawyer will issue an offer of settlement. The lawyer can only make this demand after you have attained the highest level of medical improvement.
If you were injured by a government entity or a doctor 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 sometimes called "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain these in more detail. Generally these cases are quicker to resolve than other cases.
Statute of Limitations
If you'd like to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different types of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.
In most states, "the clock" of the statute of limitations begins to run the day you have been injured. However there are exceptions to this rule which could effectively stop the clock in certain situations. For example, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury attorneys.
The statute of limitation can be extended or reduced in certain cases, such as when the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences on the victim as well as their family.
Damages
If a person wins an accident case is entitled to compensation. They could include compensation for the victim's medical costs loss of wages, as well as injuries-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.
The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable person might have done in the same situation. This led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps 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 a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are generally higher for severe injuries than for short-term or minor injuries.
Mediation
Mediation isn't mandatory in every injury case. However, it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask you questions to find out what you expect and the amount you want. Then, both parties will sit down with the mediator. Then, you'll be back and forth with offers and counteroffers to arrive at a settlement.
The aim of mediation is to arrive at an agreement where neither the negligent party nor injured victim want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
While the majority of injuries are settled out of court, your lawyer may decide that trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.
Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.
During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed compensate for your losses and expenses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be given by a juror or judge during the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages will you be awarded.
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