How the Injury Lawsuit Process Works

If you've been injured in an accident, injury lawsuit filing an injury attorneys lawsuit could help you recover damages to pay for medical expenses and replace lost income. Many people aren't sure about the procedure of suing.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must be through.

Time to File

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not file your claim in the timeframe, it is almost always dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. This could take months, depending on the complexity of the case.

A good lawyer will offer a settlement. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government organization or a physician working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many types 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 the majority of states the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule that can effectively pause the clock in some cases. For instance the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain cases, such as when the plaintiff is underage or has a mental disability. You should consult with an experienced attorney for injury law firms to determine the precise statute of limitations applicable to your case. If you try to make a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.

Damages

A person who wins an injury lawsuit is entitled to receive damages. They can include money for medical expenses 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 due to an accident.

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

Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property, and the value of lost wages if an injury prevented you from working or caused you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to calculate general damages. Severe injuries will generally lead to higher general damages than minor or short-lasting injuries.

Mediation

Although it's not a mandatory part of every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. At mediation, you can discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you'd like. Then, both parties will sit down with the mediator. Then, you will offer counteroffers and exchange ideas in order to reach a decision.

The negligent party and the victim who was injured want to go to trial, so the goal is to settle in mediation. This is an important step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case cannot be resolved out of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent, and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover the costs and losses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict is issued by a judge, or a jury during the bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages could you be awarded.