How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to cover medical expenses and replace lost income. Many people aren't sure about the procedure of suing.

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

Time to File

Each state has a statute which limits the time you have to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this can take months.

A reputable lawyer will submit a settlement request. However, your attorney cannot make this demand until you have reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional time limitations if injured by an organization of the government or by a physician who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in greater detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's essential to file an injury law firms lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury lawyers claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

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

In certain circumstances the statute of limitations could be shortened or tolled. For instance, if the plaintiff is mentally impaired or underage. You should consult with an experienced attorney for injury to determine the particular statute of limitations that applies to your particular case. If you attempt to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

If a person wins a personal injury case is entitled to compensation. These may include money to pay for the medical treatment of the victim, lost wages, and the expenses associated with an accident. Other types of damages can compensate the victim 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 in court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have applied in the same circumstance which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. The most severe injuries are likely to result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

Although it isn't an essential element of any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, you'll alternate between offers and counteroffers to come to a resolution.

Neither the negligent party nor the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is a vital step to avoid a lengthy and injured stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to set up an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

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

During the trial, your attorney will present a case of peers before the jury. The jury will decide whether the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your injuries, financial losses and other expenses.

During trial the lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to pay for your expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be given by a judge, or a jury in a bench trial. It will decide whether the defendant was negligent or not, and if so the case, what financial damages will you be awarded.