How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical bills or lost income, you could file a lawsuit. However, many people are unclear about how the process is conducted.

This blog post will discuss five important milestones 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 to bring a lawsuit. If you don't file your claim within this timeframe, it will most likely be dismissed.

After a case has been filed the parties begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

At this point, a reputable lawyer will present an agreement demand. Your attorney can only make this demand after you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity belonging to the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling, and are unique to each specific situation. Your attorney can provide more details. Generally the cases are solved more quickly than other cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" begins to tick on the day that you were injured. There are a few exceptions to this rule that can stop it in certain circumstances. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally impaired or is younger than. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations that applies to your case. If you attempt to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. These can include money to cover the cost of the victim's medical expenses, lost wages, and the costs caused by an accident. Other kinds of damages are awarded to a person who has suffered emotional distress or loss of enjoyment in life due to an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that a reasonable person would have used in the same circumstance that led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property, and injury lawyers the amount of lost wages if an injury stopped you from working, or forced you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in greater general damages than those resulting from minor or temporary injuries.

Mediation

While it's not an essential element of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you want. The two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange offers to reach a resolution.

The aim of mediation is to come to an agreement that neither the negligent party nor injured party want to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated injury lawyers cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you have been involved in a workplace accident or an auto accident. Call us today to arrange an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a defense of peers before the jury. The jury will be responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be issued by a judge, or a jury at a bench trial. It will decide whether the defendant was negligent or if they were, Injury lawyers how much financial damages are you entitled to.