How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, it is possible to make a claim. Many people aren't sure about the procedure of suing.

This blog post will cover five important milestones that all personal injury claims have to pass through.

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident when you have to start a lawsuit. If you don't file your claim in the timeframe it is usually dismissed.

Once a case is filed the parties will then begin an investigation process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this could take months.

At this point, a reputable lawyer will issue an offer of settlement. The lawyer can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government organization or a doctor working for the government, you could have additional deadlines that you must meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for lawsuit each situation. Your lawyer can explain them in more detail. Generally these cases are faster to be resolved than other ones.

Statute of limitations

It is important to make a claim for personal injury attorneys before the statute of limitations in your state is up. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are some exceptions to this rule, which can effectively stop it in certain situations. For instance the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain cases like when the plaintiff is younger or has a mental disability. You should consult with an experienced attorney for injury to determine the specific limitation period that applies to your case. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences on the victim and the family members of the victim.

Damages

If a person wins a personal injury case is entitled to damages. These can include money for the victim's medical costs or lost wages as well as other the costs associated with an accident. Other types of damages pay compensation to someone who suffers from emotional distress or lost satisfaction because of an accident.

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

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. Serious injuries typically result in higher general damages than minor or temporary injuries.

Mediation

Mediation isn't mandatory for every injury case. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're expecting and the amount you'd like. Then, both parties will discuss their differences with the mediator. After that, you'll exchange counteroffers and offers to come to a resolution.

The aim of mediation is to arrive at an agreement where neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you have been involved in a workplace accident or an auto accident. Call us today to arrange a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

Your lawyer will present what is known as your case to a jury during the trial. The jury will be accountable for determining if the defendant was negligent and, if so, how much compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and you have a right to financial damages to cover those expenses and lawsuit losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is issued by either a judge or jury in a bench trial, will determine whether the defendant was negligent, and should it be determined what amount of financial damages are entitled to.