How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and replace lost income. Many people aren't sure about the procedure of suing.

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

Time to File

Each state has a statute that limits the amount of time you have to file a lawsuit after an accident. If you do not submit your claim within this time frame, it is almost always dismissed.

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

A reputable lawyer will make a settlement request. But, your lawyer is not able to make this demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government organization or a doctor working for the government, you could have additional time constraints to meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to provide more details. Generally the cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of personal injury attorneys claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to the rule which could cause it to stop in certain instances. 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 can be extended or reduced in certain situations, such as when the plaintiff is young or has a mental disability. Contact an experienced injury attorneys lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the deadline has passed your case is likely to be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money to pay for the medical treatment of the victim as well as lost wages and the expenses that result from an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of satisfaction because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, such as the cost to repair or replace damaged property and the cost of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Although it's not a mandatory part of any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides alone. Then, you'll go back and forth with counteroffers and offers until you arrive at a settlement.

The party who is at fault and the victim who was injured want to go to court, so the goal is to settle in mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you've been injured in an accident at work or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside 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 attorney will present what is known as your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent and, if they were, how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, injuries or a jury during the bench trial. It will decide whether the defendant was negligent or not, and if so the case, what financial damages could you be awarded.