How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical bills or lost income, it is possible to bring a lawsuit. However many people are confused about how the process operates.

This blog post will cover five stages that all personal injury claims have to pass through.

Time to File

Each state has a statute that restricts the time you can bring a lawsuit following an accident. If you do not file your claim within the window, it will most likely be dismissed.

Once a case is filed, the parties start a process called discovery. This involves exchanging information like documents, witness statements and depositions. This could take months, depending on the complexity of the case.

At this point, a good lawyer will issue a settlement demand. Your attorney can only make this demand after you have attained the highest level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity of the government or by a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and injury attorneys are very specific to each case. Your attorney can explain them in greater detail. They are usually resolved faster than other cases.

Statute of limitations

If you want to increase your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of 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 the injury. However there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for instance, allows you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury attorneys.

In certain circumstances, the statute of limitation may be reduced or extended. For example when the plaintiff is mentally handicapped or underage. You should consult with an experienced attorney for injury to determine the exact limitation period that applies to your case. If you try to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. These may include money to pay for the victim's medical care and lost wages as well as the expenses related to an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person would have done in the same situation. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury attorneys stops you from working or forces you to take vacation or sick leave, are easy to determine. General damages, also known as pain and suffering, are harder to quantify. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages are generally higher for severe injuries than for less serious or short-term injuries.

Mediation

While it is not required in every injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The mediator will then speak with both sides alone. You will then make counter-offers and exchange offers for a resolution.

Both the party responsible for the negligence and the victim who was injured want to go to trial Therefore, the best option is to settle through mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case has not been settled outside of court. This will depend on your personal circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

Your attorney will present your case to a jury of peers during the trial. The jury is responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you will receive to cover your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the defendant's negligence led to your injuries, and that financial damages are required to compensate for your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, injury attorneys which is handed down by the judge or jury in a bench trial, will determine if the defendant was negligent and if so, the amount of financial damages should be awarded.