How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay medical bills and to make up for lost income. Many people are unsure of the process of filing a lawsuit.

This blog post will cover five milestones that all personal injury claims must pass through.

Time to File

Each state has a statute that limits the time you can file a lawsuit after an accident. If you don't submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the nature of your case, this could take months.

A good lawyer will then make a settlement request. However, your lawyer can't make a demand until after you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government entity or a doctor working for the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more depth. These cases are usually resolved faster than other types of cases.

Statute of limitations

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

In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. However there are exceptions to this rule which could effectively stop the clock in some cases. For instance, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury attorney.

In some cases, the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally impaired or is underage. You should consult with an experienced injury lawyer to determine the exact statute of limitations that applies to your case. 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 consequences for the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical care and lost wages as well as the costs caused by an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant did not act in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or requires you to take vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term 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. At the mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The two parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers until you arrive at a settlement.

The purpose of mediation is to reach an agreement in which neither the responsible party nor injured party want to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your attorney might decide that trial is required. This will depend on your individual circumstances, the evidence you provide 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 will decide whether the defendant was negligent and, if so then how much compensation is due to compensate your injuries, financial losses, and expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, injury lawyer handed down by the judge or a jury in a bench trial will determine whether the defendant was negligent and, if so, what amount of financial damages you are entitled to.