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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 could help you recover damages to cover medical expenses and to make up for lost income. However there are many who aren't clear about how the litigation process is conducted.

This blog post will talk about five steps that all personal injury claims must be able to pass through.

Time to File

Every state has a statute of limitation that specifies the time period after an accident to start a lawsuit. If you do not file your claim in this time frame it is nearly always dismissed.

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

At this point, an experienced lawyer will submit an offer of settlement. Your attorney can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government organization or a medical professional working for the government, you may have additional deadlines to meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to clarify these more in detail. In general, these cases are faster to be resolved than other ones.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day you have been injured. There are exceptions to this rule that could effectively pause it in certain situations. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitations can be shortened or tolled. For instance when the plaintiff is mentally handicapped or is younger than. You should consult with an experienced injury attorney to determine the specific statute of limitations that applies to your particular situation. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury case is entitled to damages. These could include funds to cover the cost of the medical treatment of the victim or lost wages, as well as the expenses caused by an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant did not perform the act with the same level of care that reasonable people would have exercised in the same situation which resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working, or forces you to take a vacation or sick leave, are simple to determine. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. Severe injuries will generally result in greater general damages than smaller or firms less-permanent injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides alone. Then, you'll be back and forth with counteroffers and offers until you come to a resolution.

The goal of mediation is achieving a settlement that neither the liable party nor the victim who has been injured want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Call us today to arrange an initial consultation for free. We'll be happy to meet you at a convenient place in Pittsburgh or firms Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case is not settled out 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 a case of peers before jurors. The jury will decide whether the defendant was negligent and, if they were, how much compensation is due to compensate your injuries, financial losses and other expenses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries, and that financial damages are needed to pay for your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, which is handed down by a judge or jury in a bench trial, will decide if the defendant was negligent and if so, the amount of financial compensation you should be awarded.