How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you obtain damages to pay for medical expenses and compensate for the loss of income. Many people are unsure about the procedure of suing.

This blog post will cover five stages that all personal injury claims must be able to pass through.

Time to File

Every state has a law that limits the time you can file a lawsuit after an accident. If you don't file your claim within the timeframe, it will almost always be dismissed.

When a case is filed and the parties are able to begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months depending on the complexity of the case.

A good lawyer will offer a settlement. But, your lawyer is not able to make a demand until after you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.

You may also have to adhere to additional time limits if you were injured by an entity of the government or a medical professional who works for the government. These are often called "discovery rules" or equitable tolling and are specific to each situation. Your attorney can provide more details. These cases are usually resolved quicker than other types of cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many different kinds of personal injury cases, including car accidents and 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. However, injury lawyer there are exceptions to this rule which could effectively pause the clock in certain circumstances. For example, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitations may be reduced or extended. For example, if the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced injury lawyer to determine the precise statute of limitations applicable to your particular situation. If you try to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

The person who wins an injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other kinds of damages compensate someone who is suffering from emotional distress or lost satisfaction because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant did not perform in a manner that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property, injury lawyer and the amount of lost wages if an injury stopped you from working, or forced you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. Serious injuries typically result in greater general damages than small or short-lasting injuries.

Mediation

Although it isn't required in any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then talk with both sides at a time. After that, you will alternate between counteroffers and offers in order to arrive at a settlement.

The negligent party and the victim who was injured want to go to court therefore the goal is to settle the matter in mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Most cases of injury law firms settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your lawyer may decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

Your attorney will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent and if they were, how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or a jury in a bench trial will decide if the defendant was negligent and in the event of negligence, what amount of financial damages you are entitled to.