How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to cover medical expenses and to make up for lost income. However many people aren't sure about how the process is carried out.

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

Time to File

Every state has a law that limits the amount of time you must bring a lawsuit following an accident. If you don't submit your claim within this window, it will most likely be dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this can take months.

At this point, firms an experienced lawyer will issue an agreement demand. However, your lawyer cannot make a demand until after you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you've been injured by a government agency or a medical professional working for the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can clarify these more in detail. They are usually resolved faster than other cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule that can effectively pause the clock in certain situations. The discovery rule, for instance permits you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain circumstances for instance, when the plaintiff is young or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical care or lost wages, as well as the expenses that result from an accident. Other damages can be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have used in the same circumstance which led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering are harder to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. The most severe injuries are likely to result in greater general damages awards than small or short-lasting injuries.

Mediation

Mediation isn't mandatory in every case of injury. However, it can be used to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. Then, the two parties will discuss their differences with the mediator. After that, you will exchange counteroffers and offers in order to arrive at a settlement.

The party who is at fault and the victim of injury would like to go to trial therefore the goal is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

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

During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are needed to compensate for your losses and expenses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay any money. After both sides have given their closing arguments the jury will then deliberate. The verdict will be announced by a judge, or a jury at a bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much could you be awarded.