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 for medical expenses and replace lost income. However, many people are unclear about how the process operates.

This blog post will cover five stages that all personal injury claims have to pass through.

Time to File

Each state has a statute which limits the time you have to make a claim following an accident. If you do not file your claim within the timeframe, it will almost always be dismissed.

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

At this point, a reputable lawyer will make an offer for settlement. However, your attorney cannot make this 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 be required to adhere to additional time limits if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain these in greater detail. In general the cases are faster to be resolved than other ones.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to tick on the day you have been injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. For instance, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally handicapped or is under the age of. It is best to speak with an experienced injury attorney to determine the exact time limit that applies to your case. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.

Damages

Anyone who prevails in a personal injury case is entitled to damages. These may include money to cover the cost of the victim's medical care, lost wages, and the costs associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or lost satisfaction due to an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or forces you to take vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. General damages are typically higher for severe injuries than for minor Injury Attorney or short-term injuries.

Mediation

While it's not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you'll make counteroffers and exchange offers for a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial, so the goal is to settle the matter in mediation. This is a crucial step to avoid the long and stressful litigation process. Most injury attorney cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney may decide that going to trial is necessary. This will be based on your individual circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent and, should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is given by the judge or a jury in a bench trial will decide if the defendant was negligent and if so, the amount of financial damages are entitled to.