How the Injury Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical bills or injury lawyer lost income, you can start a lawsuit. However there are many who aren't clear about how the process is carried out.

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

Time to File

Each state has a statute which limits the time you can make a claim following an accident. If you don't file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this could take months.

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

If you were injured by a government organization or a medical professional working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" begins to tick on the day you became injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations may be shortened or tolled. For instance, if the plaintiff is mentally disabled or is younger than. It is best to speak with an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as the family members of the victim.

Damages

The person who wins an injury lawsuit is entitled to damages. These can include money to pay for the victim's medical expenses, lost wages, and the costs that result from an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or lost pleasure due to an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to behave in a way which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or requires you to take vacation or sick leave are easy to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it can be utilized to resolve a dispute and avoid having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides on their own. Then, you will make counter-offers and exchange proposals for a resolution.

The aim of mediation is to reach an agreement that neither the responsible party nor injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case isn't resolved outside of court. This will be based on your specific circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case of peers before the jury. The jury will decide if the defendant was negligent and if they were, how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will present evidence to counter your claims and stop them from owing you money. After both sides have given their closing arguments and the jury deliberates. The verdict, injury lawyer which is handed down by the judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial damages should be awarded.