How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim can help you obtain damages to pay your medical bills and make up for lost income. However, many people are unclear about how the process operates.

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

Time to File

Each state has a statute that restricts the time you must bring a lawsuit following an accident. If you don't submit your claim within this timeframe, it will almost always be dismissed.

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

At this point, an experienced lawyer will present an offer for lawsuits settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government entity or Lawsuits a doctor employed by the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to explain these in greater detail. These cases usually settle faster than other types of 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 your state's statute of limitations runs out. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts to tick on the day that you were injured. There are some exceptions to the rule that could effectively pause it in certain situations. For instance the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally disabled or is underage. You should consult with an experienced injury attorney to determine the particular statute of limitations applicable to your particular case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. 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 damages. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the expenses that result from 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 amount of damages is determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property and the amount of lost wages if an injury stopped you from working or caused you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Serious injuries typically lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

While it's not a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides on their own. Then, you can make counter-offers and exchange offers to reach a resolution.

Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle through mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto accident or workplace injury lawyer, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to set up an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case is not resolved out of court. This will be based on your particular circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a defense of peers to jurors. The jury is responsible for determining if the defendant was negligent, and if so, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will present 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 your claims and stop them from owing you money. After both sides have given their closing arguments and the jury deliberates. The verdict, which is issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and, should it be determined what amount of financial damages should be awarded.