How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical expenses or lost income, it is possible to start a lawsuit. Many people aren't sure about the procedure of suing.

This blog post will talk about five important milestones that all personal injury claims must pass through.

Time to File

Each state has a statute that limits the time you must start a lawsuit following an accident. If you fail to file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed and injury lawsuit the parties begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this could take months.

A reputable lawyer will submit a settlement request. But, your lawyer is not able to make a demand until you have reached the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government entity or a physician working for the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each specific situation. Your attorney can explain them in more detail. In general the cases are faster to be resolved than other ones.

Statute of Limitations

It is vital to file a lawsuit for personal injury claim before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to run the day you were injured. There are exceptions to the rule that could cause it to stop in certain cases. For instance the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.

In certain circumstances, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally disabled or is underage. You should consult with an experienced lawyer for injury claim to determine the precise time limit that applies to your situation. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim as well as his or her family.

Damages

A person who wins in an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical treatment as well as lost wages and the expenses related to an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages, also known as pain and suffering are harder to quantify. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

Although it isn't a mandatory part of every injury law case mediation is a method to settle disputes without having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The two parties will discuss their differences with the mediator. Then, you'll go back and forth with counteroffers and offers in order to find a solution.

Both the party responsible for the negligence and the victim who was injured want to go to trial Therefore, the best option is to settle in mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of injury case cases are settled outside of court, your attorney might decide that trial is required. This will be based on your individual circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your attorney will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent and, if so then how much compensation is due to cover your losses due to injuries, financial loss and other expenses.

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 make use of evidence to argue your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, injury lawsuit issued by either a judge or jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages should be awarded.