How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay medical bills and to make up for lost income. However there are many who aren't clear about how the litigation process is conducted.

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

Time to File

Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you don't make a claim within this time frame, it will most likely be dismissed.

After a case has been filed and the parties are able to begin a process known as discovery, which involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this could take months.

At this point, a reputable lawyer will present a settlement demand. However, your attorney cannot make a demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or by a physician who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. In general, these cases are resolved more quickly than others.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to many different kinds of personal Injury Lawsuits claims, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In most states, the statute of limitations "clock" starts ticking when you are injured. However there are exceptions to this rule that could effectively pause the clock in certain cases. 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 limitation can also be shortened or extended in certain cases for instance, when the plaintiff is underage or has mental disabilities. It is recommended to consult an experienced attorney for injury to determine the exact limitation period that applies to your case. If you try to submit a claim after the deadline has passed your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an injury case is entitled to damages. They could include compensation to cover medical expenses, lost wages and the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury lawsuits stops you from working, or forces you to take a vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering, are harder to quantify. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to calculate general damages. General damages are generally higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it can be utilized to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you are expecting and how much you'd like. The mediator will then talk with both sides on their own. You will then offer counteroffers and exchange ideas to find a solution.

The purpose of mediation is to reach a settlement that neither the party who is at fault nor the injured victim want to go to court. This is a vital step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney might decide that a 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 attorney will present a defense of peers to a jury. The jury will determine if the defendant was negligent and if they were, how much compensation is due 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 your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to counter your allegations, and Injury lawsuits prevent them from having to pay any money. After both sides have presented their closing arguments, Injury Lawsuits the jury will deliberate. The verdict is issued by a judge or jury in the bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages could you be awarded.