How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and to make up for lost income. However many people are confused about how the process is carried out.

This blog post will cover five steps that all personal injury claims must go through.

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident when you have to make a claim. If you do not file your claim within this timeframe, it will most likely be dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of the case, this might take months.

A reputable lawyer will present a settlement demand. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

You may also have to adhere to additional time limits if you were injured by a government entity the government or by a physician who is employed by the government. These are often called "discovery rules" or equitable tolling and are very specific to each particular situation. Your attorney can explain them in more depth. Generally, these cases are resolved more quickly than others.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. For example the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

In some cases, the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally handicapped or is under the age of. It is recommended to consult an experienced injury attorney to determine the particular statute of limitations that applies to your particular case. If you attempt to submit a claim after the deadline has passed, injury attorneys your case will likely be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

Anyone who prevails in an injury case is entitled to compensation. They could include compensation to cover medical expenses loss of wages, as well as injuries-related costs. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have applied in the same situation which resulted in your injury attorney.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property and the cost of lost wages if an injury prevented you from working or forced you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damages than minor or short-lasting injuries.

Mediation

Mediation isn't required for every injury lawyer case. However, it can be used 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 known as a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like. The two parties will sit down with the mediator. Then, you'll exchange offers and counteroffers to reach a settlement.

The aim of mediation is to come to a settlement that neither the liable party nor injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're 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 for an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

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

During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will present evidence to refute your accusations and keep them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a judge or jury at the bench trial. It will determine if the defendant was negligent or if they were, how much financial damages are you entitled to.