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How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical bills or lost income, you could bring a lawsuit. However many people aren't sure about how the litigation process works.

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

Time to File

Every state has a law that limits the time you are required to make a claim following an accident. If you don't submit your claim within this time frame it is usually dismissed.

Once a case is filed, the parties will begin an investigation process that involves exchanging documents, witness testimony, and depositions. This can take a long time, depending on the complexity of the case.

At this point, a reputable lawyer will make an offer for settlement. But, your lawyer is not able to issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

You may also have to adhere to additional time limits if you've been injured by an entity of the government or by a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are very specific to each situation. Your attorney can explain them in more depth. These cases usually settle quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for instance, allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain situations for instance, when the plaintiff is underage or mentally disabled. Consult an experienced injury attorney lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an injury lawsuit 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 associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property as well as the value of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Serious injuries typically lead to higher general damages awards than minor or temporary injuries.

Mediation

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

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then speak with both sides at a time. After that, you'll alternate between counteroffers and offers until you reach a settlement.

The purpose of mediation is to arrive at a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is an important step to avoid the long and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of cases of injury lawyers are settled out of court, your attorney may decide that a trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent, and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant led to your injuries and that you deserve financial damages to cover the costs and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, handed down by jurors or judges in a bench trial will determine if the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.