How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay your medical bills and replace lost income. Many people aren't sure about the process of filing a lawsuit.

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

Time to File

Every state has a law that limits the amount of time you can file a lawsuit after an accident. If you do not file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed, the parties begin a process of discovery. It involves exchanging documents like documents, witness statements and depositions. It could take a few months depending on the nature of the case.

A good lawyer will make a settlement request. However, your attorney cannot make a demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government organization or a medical professional working for the government, you may have additional deadlines to adhere to in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in more detail. Generally, these cases are solved more quickly than other cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds 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 statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to this rule, which can stop it in certain cases. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally disabled or injury lawyer underage. It is best to speak with an experienced injury lawyer to determine the precise time limit that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. They could include compensation for the victim's medical costs, lost wages and accident-related costs. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of enjoyment because of 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 perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property and the amount of lost wages if an injury prevented you from working or caused you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it is not a mandatory part of any injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and injury lawyer what your expectations are. Then, the two parties will discuss their differences with the mediator. After that, you'll be back and forth with counteroffers and offers in order to find a solution.

The goal of mediation is to arrive at a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is an important step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases are settled via mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of the courtroom, your attorney could decide that a trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a case of peers to the jury. The jury is responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict is issued by a judge or a jury during the bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages should you be awarded.