How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to get compensation for medical bills or lost income, you could bring a lawsuit. However many people are confused about how the process is carried out.

This blog post will talk about five milestones that all personal injury claims have to pass through.

Time to File

Each state has a statute of limitations that sets the time frame after an accident to start a lawsuit. If you fail to submit your claim within this time frame it is nearly always dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This could take several months, depending on the complexity of the case.

At this point, a good lawyer will make a settlement demand. But, your lawyer is not able to make a demand until after you have reached the point of maximum medical improvement and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. In general, these cases are faster to be resolved than other ones.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. 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 statute of limitations "clock" begins to tick on the day you became injured. There are exceptions to the rule that can effectively stop it in certain situations. The discovery rule, for example permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

In certain cases, the statute of limitations may be reduced or extended. For instance when the plaintiff is mentally disabled or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you try to submit a claim after your statute of limitations has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. This could include money to cover the cost of the victim's medical treatment as well as lost wages and the expenses related to an accident. Other types of damages compensate someone who suffers from emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that defendant failed to act in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, Firms such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working, or forces you to take vacation or sick leave are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use an increaser, such as a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to result in greater general damages awards than smaller or less-permanent injuries.

Mediation

While it is not an essential element of every injury case it can be used to settle a dispute without having a judge or jury decide the outcome. In mediation, you can discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides at a time. After that, you will go back and forth with counteroffers and offers until you find a solution.

The aim of mediation is to come to an agreement that neither the party who is at fault nor the injured victim want to go to court. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for firms you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present a case of peers before a jury. The jury is responsible for determining if the defendant was negligent and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed cover your expenses and losses. The defense will provide evidence to argue your claims and stop them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict will be given by a judge or jury in the bench trial. It will decide whether the defendant was negligent and, if they were, how much financial damages should you be awarded.