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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay for medical expenses and compensate for the loss of income. Many people aren't sure about the process of litigation.

This blog post will cover five stages that all personal injury claims have to go 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 don't make a claim within this period, it is almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this can take months.

A good lawyer will then present a settlement demand. However, your attorney cannot issue a settlement demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

If you were injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are extremely specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved faster than other cases.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many different types of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

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

In certain circumstances, the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally impaired or underage. It is recommended to consult an experienced injury attorney to determine the precise statute of limitations applicable to your case. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury case is entitled to compensation. These may include money to cover the cost of the victim's medical care and lost wages as well as the expenses related to an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that an average person would have applied in the same situation which led to your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property or the amount of lost wages if an injury prevented you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are usually more severe for injuries that are serious than for less serious or short-term Injuries (Http://Artrecord.Kr/).

Mediation

Mediation isn't mandatory for every injury case. However, it can be used to resolve a dispute without having a judge or jury decide the outcome. At the 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 how much money you'd like to spend. Then, both sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange proposals to reach a resolution.

Both the party responsible for the negligence and the injured victim wants to go to trial and so the aim is to settle in mediation. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today for an appointment for a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your attorney might decide that a trial is necessary. This will be based on your particular circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will present your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent, and if they were what amount of compensation is due to compensate your injuries, financial losses, and expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages needed pay for your expenses and losses. The defense will present evidence to counter your claims and stop them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a judge or jury at a bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.