How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and make up for lost income. A lot of people aren't certain about the procedure of suing.

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

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident when you have to bring a lawsuit. If you do not file your claim in the timeframe the claim is almost always dismissed.

When a case is filed the parties start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the complexity of your case, this may take months.

At this point, a good lawyer will issue an offer of settlement. However, your lawyer can't issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you've been injured by a government entity the government or by a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. These cases usually settle faster than other cases.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different kinds of personal injury claims, injury lawyer including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" begins to tick on the day that you were injured. There are exceptions to this rule, which could cause it to stop in certain circumstances. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is underage. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your situation. If you attempt to submit a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

The person who wins an accident case is entitled to compensation. These can include money to cover medical expenses as well as lost wages and other injuries-related costs. Other types of damages pay compensation to someone who has suffered emotional distress or loss of enjoyment in life because of an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your attorney will argue that the defendant did not act with the level of care that an average person would have applied in the same circumstance, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value 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 referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. In the majority of cases, severe injuries result in higher general damage awards than minor or short-lasting injuries.

Mediation

Although it isn't an obligatory element in any injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides at a time. Then, you can make counter-offers and exchange offers to reach a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court and so the aim is to settle in mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present your case to peers to jurors. The jury will be accountable to determine if the defendant was negligent, and in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed cover your expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay you any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict, which is delivered by a judge or jury in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial damages you should be awarded.