How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to claim compensation for medical expenses or lost income, it is possible to start a lawsuit. Many people are unsure of the process of litigation.

This blog post will go over five stages that all personal injury claims must be able to pass through.

Time to File

Each state has a statute of limitations that sets the amount of time after an accident, you are required to file a lawsuit. If you don't submit your claim within this time frame, it is almost always dismissed.

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

At this point, an experienced lawyer will submit a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

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

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state 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 death claims.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However, there are exceptions to this rule that could effectively pause the clock in certain circumstances. The discovery rule, for example, allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may also be shortened or extended in certain cases in certain circumstances, Injury for example, if the plaintiff is young or has mental disabilities. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. These can include money to pay for the victim's medical treatment or lost wages, as well as the expenses that result from an accident. Other types of damages pay compensation to someone who has suffered emotional distress or loss of pleasure due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have exercised in the same circumstance that led to your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property as well as the amount of lost wages if an injury stopped you from working or caused you to take sick or injury vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't mandatory in every case of injury lawyer. However it is often used to resolve a dispute without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides at a time. After that, you will alternate between counteroffers and offers until you find a solution.

The party who is at fault and the victim of injury would like to go to trial therefore the goal is to settle the matter in mediation. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case is not resolved outside of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your lawyer will present your case before a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, handed down by the judge or a jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial compensation you are entitled to.