How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to get compensation for medical expenses or lost income, you may file a lawsuit. Many people aren't sure about the procedure of suing.

In this blog post, we will review five legal milestones that every personal injury lawsuit must go through.

Time to File

Each state has its own statute of limitations which defines the time period after an accident to file a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed.

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

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

If you've been injured by a government organization or a physician working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are very specific to each situation. Your attorney can explain them in more detail. These cases are typically resolved quicker than other types of cases.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. However, there are exceptions to this rule that could effectively stop the clock in certain circumstances. For example, Injury Lawsuit the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

In some cases the statute of limitation may be reduced or extended. For instance when the plaintiff is mentally disabled or is under the age of. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to submit a claim after your time limit has expired the case could be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to compensation. These may include money to pay for the victim's medical care or lost wages, as well as the expenses associated with an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that reasonable people would have applied in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't required for every injury case. However it can be utilized as a way to resolve a dispute without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you expect and the amount of money you'd like to spend. Then, the two sides will talk alone with the mediator. You will then make counter-offers and exchange offers to find a solution.

The negligent party and the injured victim wants to go to court, so the goal 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, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your individual circumstances, the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your attorney will present a case to peers to the jury. The jury will determine whether the defendant was negligent and, if so the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, which is handed down by jurors or judges in a bench trial will determine whether the defendant was negligent and if so, what amount of financial compensation you should be awarded.