How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to recover damages for medical bills or lost income, you may start a lawsuit. However many people aren't sure about how the process works.

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

Time to File

Every state has a law that limits the time you are required to start a lawsuit following an accident. If you do not file your claim in this time frame it is nearly always dismissed.

After a case has been filed the parties will then begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. It could take a few months depending on the nature of the case.

A reputable lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement.

If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney will be able to clarify these more in detail. They are usually resolved faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, injury attorney it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to tick the day after the injury. There are some exceptions to the rule that could effectively pause it in certain cases. The discovery rule, for instance, allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain cases like when the plaintiff is young or has mental disabilities. You should consult with an experienced injury attorney to determine the specific limitation period that applies to your situation. If you attempt to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury lawsuits lawsuit is entitled damages. These can include money for the victim's medical costs as well as lost wages and other accident-related costs. Other types of damages are awarded to a person who has suffered emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same circumstance, which led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property, and the cost of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages, also referred to as pain and Injury Attorney suffering, are harder to quantify. A lot of attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be greater for serious injuries than for less serious or short-term injuries.

Mediation

Although it isn't required in any injury case it can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The two sides will talk alone with the mediator. After that, you will exchange counteroffers and offers until you reach a settlement.

The purpose of mediation is achieving an agreement that neither the negligent party nor injured victim want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you have been involved in a workplace accident or an auto accident. Call us today to arrange an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present a case of peers before the jury. The jury will be accountable for determining if 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 attorney will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is handed down by jurors or judges in a bench trial will decide if the defendant was negligent and if so, the amount of financial damages are entitled to.