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How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to get compensation for medical bills or lost income, it is possible to make a claim. Many people are unsure of the process of filing a lawsuit.

This blog post will talk about five important milestones that all personal injury claims have to be able to pass through.

Time to File

Every state has a law which limits the time you have to file a lawsuit after an accident. If you do not file your claim within this timeframe, it will most likely be dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.

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

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can provide more details. Generally the cases are quicker to resolve than other cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. However there are exceptions to this rule that can effectively stop the clock in certain situations. The discovery rule, for example permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or injury attorney is younger than. It is best to speak with an experienced injury attorney to determine the particular limitation period that applies to your case. If you attempt to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins in an accident case is entitled to damages. These could include funds to pay for the victim's medical expenses as well as lost wages and the costs related to an accident. Other damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

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

Special damages are generally easy to calculate, including the cost to repair or replace damaged property, and the cost of lost wages if an injury prevented you from working, or forced you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries result in greater general damages than those resulting from minor or short-lasting injuries.

Mediation

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

The mediator will ask you questions to find out what you are expecting and the amount you'd like. The mediator will then discuss the matter with both sides in a private setting. You will then make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is achieving an agreement that neither the responsible party nor injured party want to take to court. This is a crucial step to avoid the long and stressful process of litigation. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been involved in a workplace accident or auto accident. Contact us today for an initial consultation for free. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that a trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

Your lawyer will present what is known as your case before 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 paid to cover your losses due to injuries, financial loss and other expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages you receive are necessary to cover your losses and expenses. The defense will provide evidence to argue your accusations and keep them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by the judge or jury in a bench trial will determine whether the defendant was negligent and, if so, what amount of financial damages you should be awarded.