How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical expenses or lost income, it is possible to bring a lawsuit. Many people aren't sure about the process of litigation.

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

Time to File

Every state has a statute of limitations that sets the time frame after an accident when you have to make a claim. If you don't submit your claim within the timeframe, it is almost always dismissed.

When a case is filed, the parties start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

A good lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a physician who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain these in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of limitations

If you wish to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many types of personal injury claims which include car accidents, 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 starts to run the day the injury. However, there are exceptions to this rule which could effectively stop the clock in some cases. For instance the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitations can be reduced or extended. For example when the plaintiff is mentally disabled or is underage. It is best to speak with an experienced lawyer for injury to determine the exact statute of limitations that applies to your situation. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as the family members of the victim.

Damages

If a person wins an accident case is entitled to compensation. They may include compensation to cover medical expenses, lost wages and the costs associated with an accident. Other damages could compensate the victim for the loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to act in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, such as the cost to repair or replace damaged property and the value of lost earnings if an injury prevented you from working, lawsuit or forced you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are usually greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation isn't required in every injury case. However it is often used as a way to resolve a dispute without having a jury or judge decide the outcome. At mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then talk with both sides alone. Then, you'll make counter-offers and exchange proposals to reach a resolution.

The party who is at fault and the victim of injury would like to go to court Therefore, the best option is to settle the matter in mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been injured in an accident at work or an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been settled out of court. This will be based on your specific circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will argue your case to a jury during the trial. The jury will be accountable for determining if the defendant was negligent, and if so, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are required to cover your losses and expenses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict, handed down by the judge or jury in a bench trial, will determine if the defendant was negligent and, should it be determined what amount of financial damages are entitled to.