How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to get compensation for medical expenses or lost income, you could bring a lawsuit. Many people aren't sure about the procedure of suing.

This blog post will discuss five steps that all personal injury claims must pass through.

Time to File

Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you do not submit your claim within this time frame it is usually dismissed.

After a case has been filed, the parties will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. This can take a long time depending on the nature of the case.

A reputable lawyer will submit a settlement request. However, your lawyer can't make a demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

You may also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater depth. Generally these cases are resolved more quickly than others.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury law firm claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations begins to run on the day the injury. There are some exceptions to the rule that can effectively stop it in certain instances. For instance the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitation can also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is younger or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you attempt to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to compensation. These may include money to cover the cost of the victim's medical expenses, lost wages, and the costs associated with an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have used in the same circumstance that led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property or the value of lost wages if an injury stopped you from working or forced you to be absent or take vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages than small or short-lasting injuries.

Mediation

Mediation is not mandatory in every case of injury attorney. However it can be utilized as a way to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then speak with both sides at a time. Then, you'll exchange offers and counteroffers to find a solution.

Both the party responsible for the negligence and the victim of injury would like to go to court and so the aim is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Call us today to arrange a free consultation. We can meet at a convenient place close to Pittsburgh or injury lawsuit Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney might decide that trial is necessary. This will be based on your individual circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

During the trial, your attorney will present your case to peers to the jury. The jury will decide if the defendant was negligent and, if they were the amount of compensation that is due to cover your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial compensation to pay for the expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a juror or judge at a bench trial. It will decide whether the defendant was negligent or not, and if so, how much financial damages are you entitled to.