How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical expenses or lost income, you could make a claim. A lot of people aren't certain about the process of filing a lawsuit.

This blog post will go over five important milestones that all personal injury claims must be able to pass through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident to bring a lawsuit. If you fail to submit your claim within this time frame it is usually dismissed.

When a case is filed the parties start a process called discovery that involves exchanging information like documents, witness statements and depositions. This could take several months depending on the nature of the case.

A reputable lawyer will make a settlement request. However, your attorney cannot make this demand until you are at the point of maximum medical improvement and are as recovered as possible.

You could also be required to adhere to additional time limits if you were injured by a government entity the government or a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are very specific to each case. Your attorney can explain them in greater depth. Generally these cases are solved more quickly than other cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after the injury. However, there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitation may be reduced or torpedoed. For example, if the plaintiff is mentally impaired or underage. Consult an experienced New hempstead injury lawyer lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the deadline has passed the case could be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. These could include funds to pay for the victim's medical treatment and lost wages as well as the expenses related to an accident. Other kinds of damages compensate someone who is suffering from emotional distress or Vimeo loss of satisfaction because of an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant did not take the proper care that an average person would have applied in the same situation which led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working, or forced you to use sick or vacation time. General damages, also known as pain and suffering are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages are usually higher for severe injuries than for minor or short-term injuries.

Mediation

While it is not an obligatory element in any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like to spend. Then, the two sides will talk alone with the mediator. Then, you'll make counteroffers and exchange offers to find a solution.

The party who is at fault and the injured victim wants to go to trial and so the aim is to settle in mediation. This is an important step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today for an appointment for a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your attorney may decide that a trial is required. This will be based on your specific circumstances and the strength of your evidence as well as the insurance company of the defendant's offer.

Your attorney will argue your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of compensation is due to compensate your financial losses, injuries and other expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to cover your losses and expenses. The defense will provide evidence to counter your allegations and prevent them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict, which is delivered by the judge or jury in a bench trial will determine if the defendant was negligent, and in the event of negligence, what amount of financial damages should be awarded.