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How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical bills or lost income, you could file a lawsuit. Many people aren't sure about the procedure of suing.

This blog post will cover five stages that all personal injury law firms claims must go through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident, you are required to bring a lawsuit. If you do not file your claim within the timeframe, it will almost always be dismissed.

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

A good lawyer will then submit a settlement request. However, your lawyer can't make this demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

There is also the possibility that you must adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who works for the government. These are generally referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain them in greater depth. In general the cases are quicker to resolve than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different types of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. However there are exceptions to this rule which could effectively stop the clock in certain circumstances. For example the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or extended in certain cases like when the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury attorney to determine the precise statute of limitations that applies to your situation. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to damages. They can include money for the victim's medical costs or lost wages as well as other accident-related costs. Other damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working, or forced you to be absent or take vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. The most severe injuries are likely to result in higher general damage awards than smaller or less-permanent injuries.

Mediation

Mediation is not mandatory for every injury case. However it is often used to settle a dispute and avoid having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like. Then, the two parties will discuss their differences with the mediator. After that, you'll alternate between counteroffers and offers in order to reach a settlement.

Both the party responsible for the negligence and the victim who has been injured would like to go to court therefore 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 attorney cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of court, your lawyer may decide that a trial is necessary. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your lawyer will argue your case before a jury during the trial. The jury will decide if the defendant was negligent and, if so what amount of compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will make use of evidence to counter your accusations, injury attorney and also to prevent them from having to pay any amount. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be given by a judge, or a jury at the bench trial. It will determine if the defendant was negligent or if they were and the verdict is a financial one, how much could you be awarded.