How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical bills or lost income, it is possible to bring a lawsuit. However there are many who aren't clear about how the litigation process operates.

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

Time to File

Each state has its own statute of limitations that defines the time period after an accident when you have to file a lawsuit. If you don't submit your claim within this time frame it is nearly always dismissed.

Once a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the nature of your case, this could take months.

A good lawyer will then submit a settlement request. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government entity or a doctor working for the government, you could have additional deadlines to adhere to in addition to the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are unique to each situation. Your attorney can explain them in more detail. Generally, these cases are solved more quickly than other cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run the day the injury. There are exceptions to this rule that can stop it in certain situations. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can also be shortened or tolled in certain cases for instance, when the plaintiff is younger or has mental disabilities. It is best to speak with an experienced injury attorney to determine the precise limitation period that applies to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. This could include money to pay for the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to act with the level of care that an average person would have used in the same circumstance which led to your injury law firms.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or causes you to take vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as a multiplier of 1.5 to 5. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation isn't required for every injury case. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you can make counteroffers and exchange offers to reach a resolution.

The party who is at fault and the victim of injury would like to go to trial Therefore, the best option is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case cannot be settled outside of court. This will be based on your specific circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and, in the event of negligence, what compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be given by a juror or judge at the bench trial. It will decide whether the defendant was negligent and, if they were the case, what financial damages will you be awarded.