How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical bills or lost income, you could make a claim. A lot of people aren't certain about the process of filing a lawsuit.

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

Time to File

Each state has a statute of limitations that sets the period of time following an accident, you are required to bring a lawsuit. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. It could take a few months, depending on the complexity of the case.

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

If you were injured by a government agency or a medical professional working for the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are unique to each case. Your lawyer can provide more details. They are usually resolved faster than other cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims, including car accidents as well as 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 starts to tick on the day you were injured. There are a few exceptions to the rule that can stop it in certain circumstances. The discovery rule, for example allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations could be shortened or tolled. For example, if the plaintiff is mentally impaired or is underage. It is best to speak with an experienced injury lawyer to determine the specific time limit that applies to your particular situation. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an accident case is entitled to compensation. They can include money for medical expenses loss of wages, as well as incident-related expenses. Other types of damages compensate someone who suffers from emotional distress or injury lawyer lost enjoyment because of an accident.

The amount of damages will be determined by a jury based upon the evidence presented in 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 situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps 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 firms use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it's not an essential element of every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you can make counter-offers and exchange offers to find a solution.

The party who is at fault and the victim who was injured want to go to court, so the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated injury law firm cases are settled via mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your attorney may decide that trial is necessary. This will be based on your specific circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.

Your attorney will argue your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that financial damages are needed to compensate for your losses and expenses. The defense will make use of evidence to argue your claims, and stop them from having to pay you any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, which is issued by either the judge or a jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial compensation you are entitled to.