How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical bills or lost income, you can bring a lawsuit. However many people aren't sure about how the litigation process is carried out.

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

Time to File

Each state has a statute that limits the amount of time you must file a lawsuit after an accident. If you do not submit your claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

A reputable lawyer will submit a settlement request. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government organization or a physician working for the government, you could 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 attorney can explain them in greater detail. These cases are typically resolved faster than other cases.

Statute of Limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" starts ticking when you are injured. However there are exceptions to this rule, which can effectively pause the clock in certain circumstances. For example the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury law firm.

The statute of limitations can be reduced or even tolled in certain circumstances for instance, when the plaintiff is younger or is mentally disabled. You should consult with an experienced injury lawyer to determine the specific statute of limitations that applies to your particular case. If you attempt to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money for medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages compensate a person who is suffering from emotional distress or lost enjoyment due to an accident.

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

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property as well as the value of lost wages if an injury prevented you from working or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to determine. Many attorneys and injury Lawyer insurance companies use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages than smaller or less-permanent injuries.

Mediation

While it's not an obligatory element in every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. After that, you will go back and forth with offers and counteroffers to find a solution.

The purpose of mediation is to reach an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or injury lawyer Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case cannot be settled outside of court. This will be based on your particular circumstances, the strength of your evidence and the insurance company of the defendant's offer.

Your attorney will present your case before a jury during the trial. The jury will be responsible for determining if the defendant was negligent and, if so, how much compensation you are entitled to cover 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 that you are entitled to financial damages to cover the costs and losses. The defense will provide evidence to argue your claims and stop them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, which is delivered by a judge or jury in a bench trial, will determine if the defendant was negligent and if so, what amount of financial damages you are entitled to.