How the Injury Lawsuit Process Works

If you've been injured in an accident and need to recover damages for medical expenses or lost income, you may make a claim. Many people aren't sure about the process of litigation.

This blog post will go over five steps that all personal injury claims have to go through.

Time to File

Each state has its own statute of limitations that defines the period of time following an accident that you must start a lawsuit. If you do not submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This could take months, depending on the complexity of the case.

A good lawyer will then present a settlement demand. However, your lawyer cannot make this demand until you have reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government entity or a doctor working for the government, you could be subject to additional time limits to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain these in more detail. In general these cases can be faster to be resolved than other ones.

Statute of limitations

If you want to increase your chances of getting fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

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

In some instances the statute of limitations could be reduced or extended. For instance when the plaintiff is mentally disabled or is younger than. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating effects on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. They can include money for medical costs as well as lost wages and other the costs associated with an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or lost enjoyment because of an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not act with the level of care that an average person would have exercised in the same circumstance which resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working, or forces you to take vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be higher for severe injuries than for short-term or minor injuries.

Mediation

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

The mediator will ask you questions to find out what you are expecting and the amount you want. The two sides will have a private discussion with the mediator. After that, you will exchange counteroffers and offers in order to find a solution.

Both the party responsible for the negligence and the victim of injury would like to go to court and so the aim is to settle through mediation. This is an essential step to avoid the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for injury lawsuit you, regardless of whether you've been in an accident at work or in an auto accident. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been resolved out of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent and, if so, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, which is given by a judge or jury in a bench trial, will decide if the defendant was negligent and in the event of negligence, what amount of financial damages should be awarded.