How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to cover medical expenses and compensate for the loss of income. A lot of people aren't certain about the process of litigation.

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

Time to File

Every state has a law that limits the time you can start a lawsuit following an accident. If you do not file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. This can take a long time depending on the complexity of the case.

At this point, a good lawyer will present an agreement demand. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

You may also have to adhere to additional time limits if you've been injured by an entity of the government or by a physician who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. Generally, these cases are resolved more quickly than others.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to a wide range 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 the majority of states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for instance permits you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain circumstances for instance, when the plaintiff is young or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury case is entitled to damages. They can include money for medical costs, lost wages and the costs associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of pleasure due to an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person would have done in the same situation. This led to your injury law firm.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or forces you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. Serious injuries typically result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

While it's not required in every injury Lawyers case, mediation can be used to settle disputes without having a judge or jury decide 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 how much you'd like to receive in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you will make counteroffers and exchange offers to find a solution.

Neither the negligent party nor the injured victim wants to go to court therefore the goal is to settle through mediation. This is an important step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been in an accident at work or in an auto accident. Contact us today to schedule an appointment for Injury Lawyers a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your attorney might decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case of peers before jurors. The jury will be accountable to determine if the defendant was negligent and should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover the costs and losses. The defense will provide evidence to refute your accusations and keep them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge, or a jury during a bench trial. It will decide if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.