How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to get compensation for medical bills or lost income, you can make a claim. A lot of people aren't certain about the process of litigation.

This blog post will talk about five steps that all personal injury claims must be able to pass through.

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident, injury lawyer you are required to make a claim. If you fail to file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed and the parties begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this could take months.

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

You may also have to adhere to additional time limits if you were injured by an entity of the government or by a doctor who works for the government. These are commonly called "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain them in greater detail. In general these cases can be solved more quickly than other cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different types of personal injury attorneys claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to tick the day after you've been injured. However there are exceptions to this rule that could effectively pause the clock in some cases. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or tolled in certain situations like when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your situation. If you attempt to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.

Damages

The person who wins an injury case is entitled to damages. They can include money to cover medical expenses or lost wages as well as other accident-related costs. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of pleasure because of an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have used in the same circumstance that led to your injury.

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages, also known as pain and suffering, are harder to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. Severe injuries will generally result in greater general damages than minor or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you can make counteroffers and exchange offers for a resolution.

The goal of mediation is achieving an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is an essential step to avoid the long and stressful process of litigation. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of cases of injury attorneys are settled out of court, your attorney might decide that going to trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case to peers before jurors. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be awarded to cover your injuries, financial losses and other expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you deserve 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 amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a judge, or a jury in a bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.