How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical expenses or lost income, you may make a claim. However, many people are unclear about how the process operates.

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

Time to File

Each state has a statute that limits the amount of time you are required to start a lawsuit following an accident. If you do not submit your claim within this time frame it is usually dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents witnesses' testimony, lawsuits documents, and depositions. Based on the complexity of your case, this can take months.

A good lawyer will present a settlement demand. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you were injured by a government entity the government or by a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are unique to each case. Your attorney will be able to clarify these more in detail. These cases are usually resolved faster than other cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

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 certain situations. For instance, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can be reduced or even tolled in some cases in certain circumstances, for example, if the plaintiff is young or has mental disabilities. It is best to speak with an experienced lawyer for injury to determine the precise limitation period that applies to your particular case. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to damages. These can include money for medical costs loss of wages, as well as injuries-related costs. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant did not act with the level of care that reasonable people would have used in the same situation, which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries result in greater general damages than minor or temporary injuries.

Mediation

Although it isn't an obligatory element in every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then speak with both sides on their own. Then, you'll be back and forth with counteroffers and offers to find a solution.

The aim of mediation is to arrive at an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is an essential step to avoid a lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been in an accident at work or in an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney might decide that trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present a case to peers to jurors. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for 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 lawsuits to stop them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a juror or judge in a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages will you be awarded.