How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical bills or lost income, you may start a lawsuit. However many people are confused about how the process is conducted.

This blog post will cover five steps that all personal injury claims have to pass through.

Time to File

Each state has a statute which limits the time you have to start a lawsuit following an accident. If you do not file your claim within the timeframe, it will almost always be dismissed.

After a case has been filed and the parties are able to begin a process called discovery, which involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.

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

You could also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who works for the government. 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. These cases usually settle quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many types 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 most states, "the clock" of the statute of limitations starts to tick on the day you were injured. There are exceptions to the rule that could effectively pause it in certain circumstances. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury attorneys.

In some cases, the statute of limitations may be reduced or extended. For instance when the plaintiff is mentally disabled or is under the age of. It is recommended to consult an experienced injury lawyer to determine the exact limitation period that applies to your particular situation. If you attempt to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences on the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They can include money to cover medical expenses, lost wages and accident-related costs. Other damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

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

Special damages, like the cost of replacing or injury lawyer repairing damaged property or lost wages if an injury stops you from working or forces you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. The most severe injuries are likely to result in greater general damages than small or short-lasting injuries.

Mediation

Mediation is not required in every case of injury. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then talk with both sides in a private setting. After that, you'll be back and forth with counteroffers and offers until you find a solution.

The goal of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured party want to take to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present a case of peers to the jury. The jury will determine if the defendant was negligent, and if they were the amount of compensation that should be paid to cover your financial losses, injuries and other expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay any amount. After both sides have given their closing arguments and the jury deliberates. The verdict, which is given by jurors or judges in a bench trial, injury lawyer will determine if the defendant was negligent, and if so, the amount of financial damages you are entitled to.