How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to get compensation for medical expenses or lost income, you can file a lawsuit. Many people aren't sure about the procedure of suing.

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

Time to File

Each state has a statute that limits the time you can make a claim following an accident. If you don't submit your claim within this timeframe, it will almost always be dismissed.

After a case has been filed the parties start a process called discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.

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

There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or by a doctor who works for the government. These are often called "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain these in more detail. In general, these cases are quicker to resolve than other cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and injury lawyer wrongful death claims.

In the majority of states, the statute of limitations "clock" begins to tick on the day that you were injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury attorneys.

In certain cases the statute of limitation may be reduced or torpedoed. For example when the plaintiff is mentally handicapped or is younger than. You should consult with an experienced injury lawyer - Continued - to determine the precise time limit that applies to your particular situation. If you try to start a lawsuit after the statute of limitation has expired the court is likely to 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 damages. They can include money to cover medical expenses or lost wages as well as other injuries-related costs. Other types of damages pay compensation to someone who is suffering from emotional distress or lost pleasure due to an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant did not act in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property or the value of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

While it's not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two parties will discuss their differences with the mediator. After that, you will go back and forth with counteroffers and offers in order to reach a settlement.

Neither the negligent party nor the victim who has been injured would like to go to court and so the aim is to settle through mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present a case to peers to the jury. The jury will determine whether the defendant was negligent and, if so then how much compensation is due to cover your injuries, financial losses and other expenses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or a jury in a bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.