How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to cover medical expenses and make up for lost income. However, many people are unclear about how the process is conducted.

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

Time to File

Each state has its own statute of limitations that sets the period of time following an accident that you must file a lawsuit. If you don't submit your claim within the timeframe it is usually dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this can take months.

At this point, a reputable lawyer will submit an offer of settlement. However, your lawyer can't issue a settlement demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government entity or a physician working for the government, you may have additional deadlines to comply with in addition the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your attorney can explain them in greater detail. In general, these cases are solved more quickly than other cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. 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" starts ticking on the day that you were injured. However there are exceptions to this rule that could effectively stop the clock in some cases. For example the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can be reduced or even tolled in certain situations for instance, when the plaintiff is younger or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court may 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. This could include money to pay for the victim's medical expenses, lost wages, and the costs associated with an accident. Other kinds of damages compensate a person who is suffering from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

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

Mediation

While it is not an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask you questions to determine what you expect and how much money you'd like. Then, both sides will talk alone with the mediator. After that, you'll alternate between counteroffers and offers until you arrive at a settlement.

The purpose of mediation is to arrive at an agreement in which neither the liable party nor injured victim want to go to court. This is an essential step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been in an accident at work or an auto accident. Contact us today for an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that a trial is necessary. This will be based on your particular circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your lawyer will present your case before a jury during the trial. The jury will decide if the defendant was negligent, and if they were then how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries, and that the financial damages you receive are necessary to cover your losses and expenses. The defense will use evidence to counter your claims, and stop them from having to pay you any 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, Injury Lawyer will determine whether the defendant was negligent, and in the event of negligence, what amount of financial damages are entitled to.