How the Injury Lawsuit Process Works

If you've been injured in an accident and need to claim compensation for medical expenses or lost income, you can start a lawsuit. However there are many who aren't clear about how the process is carried out.

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

Time to File

Each state has a statute which limits the time you are required to start a lawsuit following an accident. If you don't submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties are able to begin a process of discovery that involves exchanging information like witness statements, documents and depositions. It could take a few months, depending on the complexity of the case.

At this point, a skilled lawyer will submit an offer of settlement. Your lawyer can only make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. These are commonly called "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer will be able to explain these in more detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different kinds of personal injury claims, 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 were injured. There are exceptions to this rule that can effectively stop it in certain situations. The discovery rule, for [Redirect-301] instance permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can also be shortened or tolled in certain cases in certain circumstances, for example, if the plaintiff is young or has a mental disability. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. They can include money to cover medical expenses loss of wages, as well as accident-related costs. Other damages can provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to act with the level of care that an average person would have used in the same circumstance which resulted in your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property and the value of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. General damages are usually higher for severe injuries than for short-term or minor injuries.

Mediation

While it is not an essential element of every injury case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then meet with both sides in a private setting. Then, you can make counteroffers and exchange offers to find a solution.

The purpose of mediation is to come to a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is a vital step in avoiding the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in an accident at work or Firm in an auto accident. Contact us today for an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial in the event that your case cannot be settled out of court. This will be based on your individual circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your lawyer will present a case of peers before the jury. The jury will be accountable for determining whether the defendant was negligent and should they be awarded compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover the costs and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict, handed down by the judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, the amount of financial damages are entitled to.