How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to claim compensation for medical expenses or lost income, it is possible to start a lawsuit. Many people are unsure of the litigation process.

This blog post will discuss five stages that all personal injury claims have to go through.

Time to File

Every state has a law which limits the time you have to file a lawsuit after an accident. If you don't submit your claim within this time frame, it will most likely be dismissed.

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

At this point, an experienced lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limits if you were injured by an entity of the government or a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are very specific to each situation. Your attorney can explain them in greater depth. These cases usually settle quicker than other types of cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different kinds of personal injury law firms cases, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" starts ticking on the day you were injured. There are some exceptions to the rule that could effectively pause it in certain circumstances. The discovery rule, for instance allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain circumstances like when the plaintiff is underage or is mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations 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 result in a devastating outcome for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These can include money to pay for the victim's medical care, lost wages, and the expenses related to an accident. Other types of damages compensate someone who is suffering from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person 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 keeps you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies 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 short-lasting injuries.

Mediation

Mediation is not required in every case of injury. However it is often used to resolve a dispute and avoid having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you want. The two sides will have a private discussion with the mediator. Then, you'll exchange counteroffers and offers in order to reach a settlement.

The party who is at fault and the victim of injury would like to go to trial and so the aim is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. If you're involved in an accident in your vehicle or a workplace injury (44.gregorinius.com said in a blog post), Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to arrange a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case to peers before the jury. The jury will be responsible for determining if the defendant was negligent and, should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover those expenses and injury losses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or jury during a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages will you be awarded.