How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and replace lost income. However, many people are unclear about how the process works.

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

Time to File

Every state has a law that restricts the time you are required to start a lawsuit following an accident. If you fail to file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

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

You may also be required to adhere to additional time limitations if injured by an entity belonging to the government or a medical professional who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and injuries are specific to each case. Your attorney can explain them in greater depth. In general these cases are quicker to resolve than other cases.

Statute of limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

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

The statute of limitations may be extended or reduced in some cases for instance, when the plaintiff is younger or has a mental disability. It is best to speak with an experienced lawyer for injury to determine the particular statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. These may include money to pay for the medical treatment of the victim or lost wages, as well as the costs caused by an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that defendant did not behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property, and the value of lost wages if an injury kept you from working or caused you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it isn't required in every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like to spend. The mediator will then talk with both sides in a private setting. Then, you will make counteroffers and exchange offers for a resolution.

The purpose of mediation is achieving an agreement in which neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complicated injury lawyer cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been injured in a workplace accident or auto accident. Contact us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

During the trial, your attorney will present your case to peers before the jury. The jury is responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and the financial damages needed compensate for your losses and expenses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a judge or a jury in a bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages could you be awarded.