How the Injury Lawsuit Process Works

If you've been injured in an accident and injured need to get compensation for medical expenses or lost income, you may start a lawsuit. However, many people are unclear about how the process is carried out.

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

Time to File

Each state has a statute that restricts the time you have to bring a lawsuit following an accident. If you don't file your claim within the timeframe, it will almost always be dismissed.

After a case has been filed, the parties will 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.

At this point, an experienced lawyer will make a settlement demand. Your attorney can only make this demand once you have attained the highest level of medical improvement.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or by a doctor who is employed by the government. These are commonly referred to as "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain them in greater depth. In general these cases are solved more quickly than other cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. There are some exceptions to the rule which could cause it to stop in certain cases. For example the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or tolled in certain circumstances like when the plaintiff is younger or has mental disabilities. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

The person who wins an accident case is entitled to damages. These could include funds to pay for the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have exercised in the same situation which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury law firm keeps you from working or forces you to take a vacation or sick leave, are simple to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damages awards than minor or temporary injuries.

Mediation

Mediation is not mandatory in all injury cases. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide the outcome. In mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you want. Then, the two parties will sit down with the mediator. Then, you'll offer counteroffers and exchange ideas in order to reach a decision.

The aim of mediation is achieving an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been involved in a workplace accident or auto accident. Call us today to arrange an initial consultation for free. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your lawyer may decide that a trial is required. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.

Your lawyer will argue your case to a jury during the trial. The jury will be accountable for determining whether the defendant was negligent and, should they be awarded compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries, and that the financial damages you receive are necessary to pay for injured your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, delivered by a judge or jury in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial damages should be awarded.