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How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical bills or lost income, you can bring a lawsuit. A lot of people aren't certain about the procedure of suing.

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

Time to File

Every state has a law that limits the amount of time you have to make a claim following an accident. If you do not submit your claim within this time frame it is usually dismissed.

Once a case is filed the parties start a process called discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this can take months.

At this point, a good lawyer will submit an offer of settlement. But, your lawyer is not able to make a demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional time limitations if injured by an organization of the government or a medical professional who works for the government. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each situation. Your attorney can explain them in more depth. In general these cases are quicker to resolve than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many types of personal injury claims including car accidents and firm medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day the injury. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for firm example allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain situations like when the plaintiff is younger or has a mental disability. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

Anyone who prevails in an injury case is entitled to compensation. This could include money to cover the cost of the victim's medical treatment as well as lost wages and the costs related to an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of pleasure because of an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, like the cost to repair or replace damaged property, and the amount of lost earnings if an injury prevented you from working or required you to take sick or vacation time. 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, for instance, a multiplier of 1.5 to 5. The most severe injuries are likely to lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

While it's not an essential element of any injury case it can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. After that, you'll exchange counteroffers and offers in order to find a solution.

The party who is at fault and the injured victim wants to go to trial therefore the goal is to settle in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case cannot be settled out of court. 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 during the trial. The jury will be accountable for determining if the defendant was negligent, firm and if so, how much compensation you will receive to pay for your injuries, costs and financial losses.

During trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries, and that the financial damages needed compensate for your losses and expenses. The defense will provide evidence to defend themselves against your claims and stop them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or a jury during a bench trial. It will determine if the defendant was negligent or if they were, how much financial damages should you be awarded.