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 medical bills and make up for lost income. Many people aren't sure about the litigation process.

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

Time to File

Each state has a statute that limits the amount of time you can bring a lawsuit following an accident. If you do not file your claim in the timeframe it is nearly always dismissed.

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

A good lawyer will make a settlement request. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by an entity of 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 them in greater detail. These cases usually settle quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to tick on the day the injury. There are a few exceptions to this rule that could cause it to stop in certain circumstances. For instance the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury.

The statute of limitations may be reduced or injury lawsuit even tolled in certain situations like when the plaintiff is younger or mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating implications on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money to pay for the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other damages could compensate a person for the loss of enjoyment or emotional distress caused by 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 that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working or caused you to take time off or sick. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically lead to higher general damages awards than minor or temporary injuries.

Mediation

While it is not an essential element of every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you'd like to spend. Then, the two sides will talk alone with the mediator. After that, you'll be back and forth with offers and counteroffers to arrive at a settlement.

The aim of mediation is to come to an agreement in which neither the negligent party nor injured victim want to go to court. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury attorneys cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you've been involved in a workplace accident or auto accident. Contact us today to arrange a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case is not resolved out of court. This will depend on your personal circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a case to peers before a jury. The jury will determine whether the defendant was negligent and, if they were, how much compensation is due to compensate 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 compensate for your losses and expenses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, given by jurors or judges in a bench trial will determine if the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.