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 will help you get compensation to pay medical bills and replace lost income. A lot of people aren't certain about the process of filing a lawsuit.

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

Time to File

Each state has a statute of limitations that sets the time frame after an accident to start a lawsuit. If you fail to submit your claim within the timeframe it is usually dismissed.

Once a case is filed, the parties start a process called discovery. This involves exchanging information like witness statements, documents and depositions. Based on the complexity of your case, this can take months.

A reputable lawyer will make a settlement request. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government entity or a physician working for the government, you could be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your attorney can explain them in more depth. Generally, these cases are quicker to resolve than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to a variety 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 the majority of states, the statute of limitations "clock" starts to tick on the day that you were injured. However there are exceptions to this rule which could effectively pause the clock in certain cases. The discovery rule, for example, allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain situations for instance, when the plaintiff is young or has a mental disability. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.

Damages

The person who wins an injury lawsuit is entitled to damages. They can include money for medical expenses loss of wages, as well as accident-related costs. Other types of damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same situation that led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury stops you from working, or forces you to take a vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, you will make counter-offers and exchange proposals to find a solution.

The purpose of mediation is achieving an agreement where neither the liable party nor injured victim want to go to court. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present your case to peers before jurors. The jury will be responsible for determining whether the defendant was negligent and, if so, how much compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to pay for your 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. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury at a bench trial. It will determine if the defendant was negligent or not, and if so and the verdict is a financial one, how much will you be awarded.