How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to cover medical expenses and compensate for the loss of income. A lot of people aren't certain about the procedure of suing.

This blog post will go over five milestones that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute of limitations that sets the time period after an accident that you must bring a lawsuit. If you do not submit your claim within the timeframe the claim is almost always dismissed.

Once a case is filed the parties will then begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this could take months.

At this point, a skilled lawyer will present a settlement demand. However, your lawyer cannot issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you've been injured by a government entity or a doctor working for the government, you may be subject to additional time limits to adhere to in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can clarify these more in detail. In general, these cases are solved more quickly than other cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states the statute of limitations "clock" starts ticking when you are injured. There are exceptions to this rule, which can stop it in certain cases. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain circumstances for instance, when the plaintiff is young or has mental disabilities. You should consult with an experienced injury attorney to determine the specific time limit that applies to your case. If you try to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can have devastating effects on the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. This could include money to pay for the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same situation, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. General damages are typically higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it is not an obligatory element in every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you want. Then, the two sides will have a private discussion with the mediator. After that, you will alternate between offers and counteroffers to come to a resolution.

The party who is at fault and the injured victim wants to go to trial Therefore, the best option is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Most injury lawyer cases settle through mediation, even those that involve 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 case. Contact us today to set up a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case cannot be resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent and, firms should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict is issued by a judge or a jury at a bench trial. It will determine whether the defendant was negligent or if they were the case, what financial damages could you be awarded.