How the Injury Lawsuit Process Works

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

This blog post will discuss five stages that all personal injury claims must be able to pass through.

Time to File

Each state has a statute that limits the amount of time you must file a lawsuit after an accident. If you don't make a claim within this window, it will almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this could take months.

A good lawyer will then make a settlement request. But, your lawyer is not able to make a demand until you've reached the point of maximum medical improvement and are as well-as possible.

If you've been injured by a government agency or a physician working for the government, you could be subject to additional time limits to comply with in addition the general statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are extremely specific to each situation. Your attorney will be able to explain these in greater detail. These cases are usually resolved faster than other cases.

Statute of Limitations

It is crucial to start a lawsuit for injury lawyer personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, the statute of limitations "clock" starts ticking when you are injured. There are some exceptions to this rule that can stop it in certain cases. The discovery rule, for example permits you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally disabled or is underage. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations that applies to your particular case. If you attempt to make a claim after the time limit has expired the case could be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

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

The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or causes you to take vacation or sick leave, are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in every injury case. However it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. At mediation, you can talk about 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 discuss the matter with both sides in a private setting. Then, you'll offer counteroffers and exchange ideas to find a solution.

The negligent party and the victim who was injured want to go to trial, so the goal is to settle in mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Call us today to arrange an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney might decide that going to trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

Your lawyer will present your case to a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and, should they be awarded compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to back up your claims, and stop them from having to pay you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, given by a judge or injury lawyer jury in a bench trial will decide if the defendant was negligent, and if so, what amount of financial damages you should be awarded.