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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 will help you get compensation to pay for medical expenses and make up for lost income. However many people aren't sure about how the process works.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must undergo.

Time to File

Each state has a statute of limitation that specifies the period of time following an accident when you have to bring a lawsuit. If you do not make a claim within this window, it will almost always be dismissed.

After a case has been filed, the parties start a process called discovery that involves exchanging information like witness statements, documents and depositions. This could take several months depending on the nature of the case.

At this point, a skilled lawyer will issue an offer of settlement. But, your lawyer is not able to make a demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

You may also have to adhere to additional time limitations if injured by an entity of the government or a medical professional who works for the government. These are sometimes called "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain them in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. 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 ticking on the day you became injured. There are a few exceptions to the rule which can effectively stop it in certain situations. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations can be shortened or even tolled. For example, if the plaintiff is mentally disabled or is under the age of. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses associated with an accident. Other kinds of damages compensate someone who suffers from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have used in the same situation, which led to your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property or the cost of lost wages if an injury stopped you from working or forced you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in greater general damage awards than small or short-lasting injuries.

Mediation

Mediation isn't required in every case of injury. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you can make counter-offers and exchange offers to reach a resolution.

The party who is at fault and the victim who was injured want to go to trial therefore the goal is to settle in mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been in a workplace accident or an auto accident. Contact us today for a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of the courtroom, your attorney could decide that going to trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

During the trial, your attorney will present a case of peers to jurors. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to cover your injuries, financial losses, and expenses.

During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries and that financial damages are needed to cover your expenses and losses. The defense will use evidence to counter your allegations, and prevent them from having to pay any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a juror or judge in the bench trial. It will decide if the defendant was negligent and, if they were the case, what financial damages are you entitled to.