How the Injury Lawsuit Process Works

If you've been injured in an accident and want to get compensation for medical expenses or lost income, you could start a lawsuit. A lot of people aren't certain about the procedure of suing.

This blog post will go over five stages that all personal injury claims have to go through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident when you have to start a lawsuit. If you don't file your claim within the period, it is most likely be dismissed.

When a case is filed, the parties begin a process of discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this could take months.

At this point, a skilled lawyer will submit an agreement demand. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

You may also have to adhere to additional deadlines if you were injured by a government entity the government or a medical professional who is employed by the government. These are generally called "discovery rules" or equitable tolling, and are unique to each situation. Your attorney can explain them in more depth. Generally the cases are faster to be resolved than other ones.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However, there are exceptions to this rule which could effectively pause the clock in certain circumstances. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you try to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences on the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled damages. This could include money to pay for the victim's medical care and injuries lost wages as well as the expenses related to an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost satisfaction because of an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or forces you to take vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

While it is not an essential element of every injury law firms case it can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then speak with both sides alone. After that, you will exchange counteroffers and offers until you come to a resolution.

The goal of mediation is to arrive at an agreement that neither the liable party nor injured party want to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to schedule an appointment for a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney may decide that a trial is required. This will be based on your specific circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a defense of peers before the jury. The jury will be accountable for determining whether the defendant was negligent and in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you deserve financial damages to cover the costs and losses. The defense will provide evidence to argue your allegations and prevent them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, issued by either jurors or judges in a bench trial, will determine if the defendant was negligent and should it be determined what amount of financial damages you are entitled to.