How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical bills or lost income, it is possible to make a claim. Many people aren't sure about the process of filing a lawsuit.

This blog post will go over five steps that all personal injury claims must go through.

Time to File

Every state has a statute of limitations that sets the time period after an accident, you are required to make a claim. If you do not submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months, depending on the complexity of the case.

At this point, a good lawyer will issue an offer of settlement. However, your lawyer cannot make a demand until after you've reached the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government entity or a doctor working for the government, you may have additional time constraints that you must meet in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your attorney can explain them in greater detail. Generally these cases can be quicker to resolve than other cases.

Statute of limitations

It is essential to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in some cases. For instance the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitation can also be shortened or extended in certain circumstances like when the plaintiff is underage or has a mental disability. Consult an experienced injury lawyer - one-time offer, to determine the statute of limitations applicable to your case. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. They can include money for medical expenses, lost wages and the costs associated with an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of enjoyment due to an accident.

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

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property and the value of lost wages if an injury stopped you from working or caused you to take time off or sick. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages tend to be greater for injury lawyer serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't required for every injury case. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called 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 talk with both sides on their own. Then, you'll go back and forth with counteroffers and Injury Lawyer offers in order to arrive at a settlement.

The party who is at fault and the victim who was injured want to go to court and so the aim is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been involved in a workplace accident or an auto accident. Call us today to arrange an initial consultation for free. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney might decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you any money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is delivered by the judge or a jury in a bench trial will decide if the defendant was negligent and in the event of negligence, what amount of financial damages should be awarded.