How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to cover medical expenses and make up for lost income. However many people aren't sure about how the litigation process operates.

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

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident, you are required to start a lawsuit. If you don't file your claim within the time frame, it will most likely be dismissed.

When a case is filed the parties begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the complexity of your case, this may take months.

At this point, a skilled lawyer will present an offer of settlement. But, your lawyer is not able to make a demand until you have reached the point of maximum medical improvement and are as recovered as possible.

You could also be required to adhere to additional time limits if you were injured by an organization of the government or by a physician who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater depth. These cases are usually resolved faster than other cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury cases including car accidents medical malpractice claims product liability claims, injury attorney and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to tick the day after the injury. However there are exceptions to this rule that could effectively stop the clock in certain situations. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the mandan injury lawyer.

The statute of limitations may be reduced or even tolled in some cases in certain circumstances, for example, if the plaintiff is young or is mentally disabled. It is best to speak with an experienced injury attorney to determine the particular limitation period that applies to your situation. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

If a person wins a personal injury case is entitled to compensation. They could include compensation for medical costs as well as lost wages and other accident-related costs. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that defendant failed to behave in a way which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property or the amount of lost wages if an injury kept you from working or forced you to use sick or vacation time. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in higher general damage awards than smaller or less-permanent injuries.

Mediation

While it is not a mandatory part of any injury case it is possible to use mediation to settle disputes without 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 what you'd like to receive in your settlement and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you will exchange counteroffers and injury attorney offers until you come to a resolution.

The goal of mediation is to come to a settlement that neither the responsible party nor injured victim want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been injured in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

Your attorney will argue your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a juror or judge in the bench trial. It will decide whether the defendant was negligent, and if they were the case, what financial damages are you entitled to.