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 recover damages to pay medical bills and make up for lost income. Many people aren't sure about the process of filing a lawsuit.

This blog post will cover five important milestones that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute of limitations that sets the time period after an accident, you are required to bring a lawsuit. If you don't submit your claim within the timeframe it is usually dismissed.

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

At this point, a good lawyer will present a settlement demand. Your attorney can only make this demand after you have attained the highest level of medical improvement.

If you've been injured by a government entity or a physician working for the government, you could be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and injury lawyer are specific for each situation. Your attorney can explain them in greater depth. These cases are usually resolved quicker than other types of cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, the statute of limitations "clock" begins to tick on the day that you were injured. However, there are exceptions to this rule which could effectively pause the clock in certain circumstances. The discovery rule, for example allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally disabled or is younger than. It is best to speak with an experienced injury lawyer to determine the particular limitation period that applies to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

If a person is awarded an injury law firms lawsuit is entitled to damages. They can include money for medical costs as well as lost wages and other accident-related costs. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages based on the evidence presented in 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 situation which led to your injury.

Special damages, such as the cost of repairing or replacing 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 called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries result in higher general damages awards than minor or short-lasting injuries.

Mediation

While it's not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then speak with both sides on their own. You will then offer counteroffers and exchange ideas in order to reach a decision.

The party who is at fault and the injured victim wants to go to court Therefore, the best option is to settle the matter in mediation. This is an important step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not resolved out 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 attorney will present a case to peers to jurors. The jury will determine whether the defendant was negligent and, if so the amount of compensation that is due to compensate your losses due to injuries, financial loss and other expenses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, handed down by a judge or jury in a bench trial will determine whether the defendant was negligent and if so, the amount of financial compensation you are entitled to.