How the Injury Lawsuit Process Works

If you have been injured in an accident and need to seek compensation for medical bills or lost income, you could file a lawsuit. Many people aren't sure about the procedure of suing.

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

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident, you are required to file a lawsuit. If you do not file your claim within the window, it will most likely be dismissed.

After a case has been filed the parties will then begin a discovery process that involves exchanging documents, Injury lawyer witness testimony, and depositions. It could take a few months depending on the complexity of the case.

A reputable lawyer will submit a settlement request. However, your lawyer can't make this demand until you've reached the point of maximum medical improvement and are as recovered as possible.

You may also have to adhere to additional time limits if you were injured by an entity belonging to the government or a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are specific to each case. Your attorney can explain these in greater detail. In general these cases can be solved more quickly than other cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types 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 starts to tick on the day the injury. However there are exceptions to this rule which could effectively stop the clock in certain cases. For instance the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitations may be shortened or tolled. For instance, if the plaintiff is mentally handicapped or is younger than. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you try to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment because of an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have applied in the same situation that led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or requires you to take vacation or sick leave, are simple to calculate. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it can be used to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides on their own. Then, you will make counter-offers and exchange proposals to reach a resolution.

The party who is at fault and the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up an appointment for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and that the financial damages needed pay for your expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. After both sides have given their closing arguments and the jury deliberates. The verdict will be announced by a juror or judge at the bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages will you be awarded.