How the Injury Lawsuit Process Works

If you've been injured in an accident and want to get compensation for medical expenses or lost income, you could make a claim. However there are many who aren't clear about how the litigation process works.

This blog post will go over five important milestones that all personal injury claims have to go through.

Time to File

Each state has a statute which limits the time you must start a lawsuit following an accident. If you don't file your claim within the period, it is almost always be dismissed.

Once a case is filed the parties start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will present a settlement demand. However, your lawyer cannot make a demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government organization or a physician working for the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to explain these in more detail. In general these cases are faster to be resolved than other ones.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many different types of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. There are exceptions to the rule which can stop it in certain situations. The discovery rule, for instance allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

In certain cases, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally impaired or is under the age of. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you try to make a claim after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences on the victim and his or her family.

Damages

A person who wins in a personal injury case is entitled to compensation. These could include funds to cover the cost of the victim's medical expenses as well as lost wages and the costs caused by an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have applied in the same situation which led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property, and the cost of lost wages if an injury prevented you from working or forced you to be absent or take vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. Serious injuries typically result in higher general damage awards than minor or temporary injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be utilized to settle a dispute and avoid having a jury or firms judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you'd like. 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 arrive at a settlement.

The aim of mediation is achieving an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complicated injury attorney cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

Your lawyer will present what is known as your case to a jury during the trial. The jury will be accountable for determining whether the defendant was negligent, and in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury in the bench trial. It will decide if the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.