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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to seek compensation for medical expenses or lost income, it is possible to make a claim. However many people aren't sure about how the litigation process is carried out.

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

Time to File

Every state has a statute of limitations which defines the time period after an accident, you are required to make a claim. If you do not make a claim within this time frame, it will most likely be dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this may take months.

A good lawyer will then make a settlement request. However, your lawyer can't make this 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 time limits if you've been injured by an entity belonging to the government or by a doctor who is employed by the government. These are commonly referred to as "discovery rules" or equitable tolling and are extremely specific to each particular situation. Your attorney will be able to clarify these more in detail. In general these cases are quicker to resolve than other cases.

Statute of limitations

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

In the majority of states, "the clock" of the statute of limitations starts to tick on the day the injury. However there are exceptions to this rule, which can effectively stop the clock in some cases. For instance the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

In certain cases, the statute of limitations may be shortened or tolled. For instance, if the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations that applies to your situation. If you try to file a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

If a person wins an injury case is entitled to damages. This could include money to cover the cost of the victim's medical treatment and lost wages as well as the costs related to an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This led to your Injury law firms.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury attorney stops you from working, or forces you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Mediation is not mandatory in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you're expecting and how much you'd like to spend. The mediator will then speak with both sides at a time. Then, you'll alternate between counteroffers and offers to reach a settlement.

Neither the negligent party nor the victim who has been injured would like to go to trial, so the goal is to settle the matter in mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been injured in an accident at work or an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present a case to peers before jurors. The jury is responsible for determining if the defendant was negligent, and should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you deserve financial damages to cover the costs and losses. The defense will provide evidence to argue your accusations and keep them from owing you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge, or a jury at the bench trial. It will determine if the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.