How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to cover medical expenses and to make up for lost income. Many people are unsure about the procedure of suing.

This blog post will cover five important milestones that all personal injury claims have to be able to pass through.

Time to File

Every state has a law that limits the amount of time you can bring a lawsuit following an accident. If you fail to submit your claim within the timeframe it is usually dismissed.

When a case is filed, the parties begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. This could take several months, depending on the complexity of the case.

A good lawyer will present a settlement demand. Your attorney can only make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you could have additional deadlines to adhere to in addition to the general statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are unique to each particular situation. Your lawyer can provide more details. In general these cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are a few exceptions to the rule which could cause it to stop in certain cases. The discovery rule, for example, allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can also be shortened or extended in certain cases in certain circumstances, for example, if the plaintiff is younger or has a mental disability. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

A person who is awarded a personal injury lawsuit is entitled damages. These can include money to cover medical expenses loss of wages, as well as injuries-related costs. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

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

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor envtox.snu.ac.kr of 1.5 to 5. The most severe injuries are likely to lead to higher general damage awards than minor or temporary injuries.

Mediation

Although it isn't an essential element of any injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you want. Then, both parties will discuss their differences with the mediator. After that, you will alternate between offers and counteroffers to come to a resolution.

The party who is at fault and the victim who has been injured would like to go to trial therefore the goal is to settle through mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a case of peers to the jury. The jury will be accountable for determining whether the defendant was negligent and if so, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries and the financial damages needed compensate for your losses and expenses. The defense will present evidence to counter your claims and stop them from owing you money. After both sides have made their closing arguments, the jury will deliberate. The verdict will be issued by a judge, or a jury during a bench trial. It will decide if the defendant was negligent and, if they were the case, what financial damages should you be awarded.