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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay medical bills and to make up for lost income. Many people aren't sure about the procedure of suing.

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

Time to File

Every state has a statute of limitations that defines the time period after an accident, you are required to file a lawsuit. If you do not file your claim within this period, it is most likely be dismissed.

Once a case is filed, the parties begin a process of discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this could take months.

At this point, a skilled lawyer will issue an agreement demand. However, your lawyer can't make a demand until after you've reached the stage of maximum medical improvement and are as recovered as possible.

If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can clarify these more in detail. Generally these cases can be quicker to resolve than other cases.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many types of personal injury claims such as car accidents and 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 have been injured. There are exceptions to the rule that could effectively pause it in certain instances. The discovery rule, for example permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitations could be shortened or even tolled. For example when the plaintiff is mentally impaired or underage. It is best to speak with an experienced injury attorney to determine the precise statute of limitations that applies to your case. If you try to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled damages. These may include money to pay for the victim's medical care, lost wages, and the expenses that result from an accident. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment in life due to an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have applied in the same circumstance which resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury lawsuits prevents you from working or forces you to take a vacation or sick leave are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, injuries the ratio of 1.5 to 5. Serious injuries typically lead to higher general damages than smaller or less-permanent injuries.

Mediation

Although it isn't an essential element of any injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you'll go back and forth with counteroffers and offers in order to arrive at a settlement.

The negligent party and the injured victim wants to go to court therefore the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for an appointment for a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case has not been resolved out of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.

During the trial, your attorney will present your case to peers before a jury. The jury will decide whether the defendant was negligent and, if so then how much compensation is due to cover your losses due to injuries, financial loss, and expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and financial damages are needed to cover your losses and expenses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, issued by either a judge or jury in a bench trial will decide if the defendant was negligent and, if so, the amount of financial damages you are entitled to.