How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay your medical bills and replace lost income. However there are many who aren't clear about how the litigation process is conducted.

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

Time to File

Every state has a law which limits the time you are required to start a lawsuit following an accident. If you don't file your claim in this time frame, it is almost always dismissed.

After a case has been filed, the parties begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. This can take a long time depending on the nature of the case.

A good lawyer will then make a settlement request. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government entity or a physician working for the government, you could be subject to additional time limitations to meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater detail. Generally these cases are solved more quickly than other cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a variety of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you've been injured. There are a few exceptions to this rule that can effectively stop it in certain situations. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations can be reduced or even tolled in some cases in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. You should consult with an experienced injury lawyer to determine the exact statute of limitations applicable to your case. If you attempt to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money to cover medical expenses or lost wages as well as other the costs associated with an accident. Other types of damages pay compensation to someone who has suffered emotional distress or lost satisfaction due to an accident.

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

Special damages, like the cost of repairing or injury lawyer replacing damaged property or the value lost earnings when an injury keeps you from working, injury lawyer or forces you to take vacation or sick leave are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it can be used to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. After that, you'll alternate between counteroffers and offers to reach a settlement.

The purpose of mediation is to reach an agreement where neither the liable party nor the victim who has been injured want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto crash or a workplace injury lawyers, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will be based on your particular circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present a defense of peers to a jury. The jury will determine whether the defendant was negligent and if they were, how much compensation is due to cover your injuries, financial losses and other expenses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and that financial damages are needed to cover your losses and expenses. The defense will provide evidence to argue your accusations and keep them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, delivered by the judge or a jury in a bench trial, will determine if the defendant was negligent, and should it be determined what amount of financial damages you should be awarded.