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 for injury lawyer medical expenses and replace lost income. Many people aren't sure about the procedure of suing.

This blog post will talk about five steps that all personal injury claims must go through.

Time to File

Each state has a statute which limits the time you can make a claim following an accident. If you fail to file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties are able to begin a process of discovery. It involves exchanging documents like documents, injury lawyer witness statements and depositions. Based on the complexity of the case, this might take months.

A good lawyer will then offer a settlement. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

There is also the possibility that you must adhere to additional time limits if you've been injured by an organization of the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain these in greater detail. Generally, these cases are solved more quickly than other cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawyers lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. There are some exceptions to the rule that can effectively stop it in certain circumstances. For instance the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

In some cases the statute of limitation may be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is under the age of. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your particular case. If you try to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

If a person wins an injury lawyers case is entitled to damages. This could include money to pay for the medical treatment of the victim, lost wages, and the costs that result from an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave are easy to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it's not an obligatory element in any injury case it can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask you questions to determine what you expect and the amount you want. Then, both parties will sit down with the mediator. Then, you can make counter-offers and exchange offers for a resolution.

The goal of mediation is to reach a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will argue your case to a jury during the trial. The jury is responsible to determine if the defendant was negligent, and if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury in the bench trial. It will determine if the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.