How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and make up for lost income. Many people are unsure about the process of filing a lawsuit.

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

Time to File

Each state has a statute that limits the amount of time you have to file a lawsuit after an accident. If you don't file your claim within this period, it is most likely be dismissed.

After a case has been filed the parties start a process called discovery that involves exchanging information like documents, witness statements and depositions. This could take months, depending on the complexity of the case.

At this point, a good lawyer will submit an offer of settlement. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a doctor working for the government, you could be subject to additional time limitations to comply with in addition 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 lawyer can explain them in greater depth. They are usually resolved faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick the day after you have been injured. However there are exceptions to this rule, which can effectively stop the clock in certain circumstances. The discovery rule, for example permits you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitation may be shortened or tolled. For example, if the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury lawyer to determine the particular limitation period that applies to your particular case. If you try to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences on the victim and injuries their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. This could include money to pay for the victim's medical expenses as well as lost wages and the expenses that result from an accident. Other kinds of damages compensate someone who suffers from emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that 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, such as the cost of repairing or replace damaged property as well as the cost of lost earnings if an injury prevented you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. Severe injuries will generally result in higher general damage awards than minor or short-lasting injuries.

Mediation

While it's not required in any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you want. Then, the two sides will talk alone with the mediator. You will then make counter-offers and exchange proposals in order to reach a decision.

The negligent party and the injured victim wants to go to trial therefore the goal is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been in a workplace accident or auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

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

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to defend themselves against your claims and stop them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, given by the judge or a jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages you should be awarded.