How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, it is possible to make a claim. A lot of people aren't certain about the process of litigation.

This blog post will go over five stages that all personal injury claims must go through.

Time to File

Every state has a statute of limitation that specifies the period of time following an accident when you have to start a lawsuit. If you fail to submit your claim within this time frame it is nearly always dismissed.

After a case has been filed the parties begin a process of discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months depending on the nature of the case.

At this point, an experienced lawyer will submit an offer for settlement. But, your lawyer is not able to make this demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.

You may also have to adhere to additional time limits if you were injured by a government entity the government or by a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are unique to each specific situation. Your attorney can explain them in greater depth. In general, these cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

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

In some cases the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally disabled or is under the age of. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences on the victim and his or her family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. These could include funds to pay for the victim's medical treatment or lost wages, as well as the expenses associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working or caused you to be absent or take vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in higher general damage awards than smaller or less-permanent injuries.

Mediation

Although it's not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a jury or injury lawyer judge decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. After that, you will go back and forth with counteroffers and offers in order to reach a settlement.

The negligent party and the victim of injury law firm would like to go to court therefore the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been involved in an accident at work or an auto accident. Call us today to arrange a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of the courtroom, your attorney could decide that going to trial is necessary. This will be based on your particular circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your lawyer will present a defense of peers before the jury. The jury will determine whether the defendant was negligent and if they were what amount of compensation is due to compensate your financial losses, injuries and other expenses.

During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will provide evidence to counter your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or jury in the bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages will you be awarded.