How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, you may make a claim. Many people are unsure about the procedure of suing.

This blog post will discuss five steps that all personal injury claims have to pass through.

Time to File

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not submit your claim within this time frame the claim is almost always dismissed.

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

At this point, a reputable lawyer will make a settlement demand. Your attorney can only make this demand after you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you've been injured by an entity of the government or by a doctor who works for the government. These are generally referred to as "discovery rules" or equitable tolling and are very specific to each specific situation. Your attorney can explain them in more depth. In general the cases are faster to be resolved than other ones.

Statute of limitations

It is essential to bring a lawsuit regarding personal injury lawyers before the statute of limitations in your state is up. These deadlines apply to a wide range of personal injury lawsuits claims including car accidents and medical malpractice claims. They also apply to product liability claims and Injury Lawyers cases of wrongful deaths.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after you've been injured. There are exceptions to the rule which can effectively stop it in certain instances. For example the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may also be shortened or extended in certain circumstances for instance, when the plaintiff is young or has mental disabilities. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences on the victim and the family members of the victim.

Damages

The person who wins an injury lawsuit is entitled to damages. They could include compensation for medical expenses loss of wages, as well as incident-related expenses. Other damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not act with the level of care that reasonable people would have used in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working, or injury lawyers forces you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in every injury case. However it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you will be 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 mediator will then speak with both sides at a time. After that, you'll go back and forth with counteroffers and offers to come to a resolution.

Neither the negligent party nor the victim who has been injured would like to go to court Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney may decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

Your lawyer will present your case to a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent and, if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During trial your lawyer will use evidence to prove 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 use evidence to defend itself against the allegations you make, and to stop them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a juror or judge at the bench trial. It will decide whether the defendant was negligent, and if they were, how much financial damages should you be awarded.