How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and compensate for the loss of income. Many people are unsure of the process of filing a lawsuit.

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

Time to File

Each state has a statute of limitation that specifies the time frame after an accident, injured you are required to make a claim. If you fail to file your claim in the timeframe it is nearly always dismissed.

When a case is filed the parties begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. This could take several months depending on the nature of the case.

A good lawyer will then make a settlement request. However, your attorney cannot make a demand until after you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you've been injured by a government entity or a doctor working for the government, you could be subject to additional time limits to adhere to in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your lawyer can explain them in more detail. These cases usually settle faster than other types of cases.

Statute of Limitations

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

In most states, "the clock" of the statute of limitations starts to tick on the day the injury. However there are exceptions to this rule, which can effectively stop the clock in certain cases. The discovery rule, for instance, allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain cases for instance, when the plaintiff is younger or has mental disabilities. You should consult with an experienced injury attorney to determine the specific statute of limitations applicable to your case. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person wins a personal injury case is entitled to compensation. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs related to an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

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

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. Serious injuries typically result in higher general damages awards than minor or temporary injuries.

Mediation

While it is not an obligatory element in every injury case mediation is a method to settle disputes without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then speak with both sides alone. You will then make counteroffers and exchange offers in order to reach a decision.

The negligent party and the victim who has been injured would like to go to trial and so the aim is to settle the matter in mediation. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been injured in an accident at work or in an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney may decide that trial is required. This will be based on your individual circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your attorney will present a defense of peers before a jury. The jury will decide whether the defendant was negligent and, if so then how much compensation should be paid to cover your injuries, financial losses and other expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries, and that financial damages are needed to pay for your expenses and losses. The defense will make use of evidence to back up your allegations, and prevent them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, delivered by jurors or judges in a bench trial will determine if the defendant was negligent and if so, the amount of financial damages you are entitled to.