How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical expenses or lost income, it is possible to file a lawsuit. Many people are unsure of the procedure of suing.

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

Time to File

Each state has a statute that restricts the time you are required to bring a lawsuit following an accident. If you don't file your claim within the period, it is most likely be dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the complexity of the case.

At this point, a good lawyer will submit an offer of settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement.

If you were injured by a government entity or a doctor employed by the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to provide more details. These cases are typically resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you have been injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could be extended or reduced in certain cases for instance, when the plaintiff is underage or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the precise limitation period that applies to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury attorney lawsuit is entitled to damages. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same circumstance which resulted in your injury.

Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property and the value of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it's not an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much money you'd like to spend. The mediator will then meet with both sides on their own. After that, you'll exchange offers and counteroffers to arrive at a settlement.

The goal of mediation is to reach an agreement where neither the negligent party nor injured party want to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, injury lawyer whether you've been in a workplace accident or an auto accident. Contact us today for an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney might decide that a trial is required. This will be based on your specific circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your attorney will present a defense of peers before jurors. The jury will be responsible to determine if the defendant was negligent and, should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages needed cover your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict is issued by a judge or jury at a bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.