How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and to make up for lost income. A lot of people aren't certain about the process of litigation.

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

Time to File

Every state has a statute of limitations which defines the amount of time after an accident to make a claim. If you don't file your claim in this time frame, it is almost always dismissed.

After a case has been filed the parties begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the nature of your case, this can take months.

A good lawyer will offer a settlement. Your attorney can only make this demand after you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can clarify these more in detail. These cases usually settle faster than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to the rule which can stop it in certain cases. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain cases, the statute of limitations may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is underage. You should consult with an experienced attorney for injury to determine the precise statute of limitations that applies to your particular case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an injury case is entitled to damages. They may include compensation for medical costs or lost wages as well as other accident-related costs. Other types of damages are awarded to a person who suffers from emotional distress or lost enjoyment in life because of an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have applied in the same circumstance, which led to your injury attorney.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property or injury lawsuit the value of lost wages if an injury kept you from working or caused you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are typically higher for severe injuries than for short-term or minor injuries.

Mediation

While it's not an essential element of any injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then speak with both sides at a time. Then, you'll alternate between offers and counteroffers to reach a settlement.

The party who is at fault and the victim who has been injured would like to go to court and so the aim is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an auto crash or a workplace injury lawyer, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of the courtroom, your attorney could decide that going to trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a defense of peers before jurors. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any amount. After both sides have made their closing arguments, the jury will deliberate. The verdict, delivered by the judge or jury in a bench trial will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you are entitled to.