How the Injury Lawsuit Process Works

If you've been injured in an accident and need to recover damages for medical bills or lost income, it is possible to make a claim. Many people are unsure of the process of filing a lawsuit.

This blog post will discuss five steps that all personal injury claims must go through.

Time to File

Every state has a law which limits the time you can start a lawsuit following an accident. If you fail to file your claim in this time frame the claim is almost always dismissed.

Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this may take months.

At this point, a reputable lawyer will present a settlement demand. However, your lawyer can't issue a settlement demand until you are at the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government organization or a doctor employed by the government, you could be subject to additional time limits to comply with in addition the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney will be able to explain these in more detail. Generally these cases are solved more quickly than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts ticking when you are injured. There are exceptions to this rule that can stop it in certain circumstances. The discovery rule, for instance, allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations could be reduced or torpedoed. For example when the plaintiff is mentally disabled or is younger than. It is recommended to consult an experienced attorney for injury lawyer to determine the specific time limit that applies to your particular situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

A person who wins a personal injury lawsuit is entitled damages. These may include money to pay for the victim's medical care as well as lost wages and the costs related to an accident. Other types of damages compensate a person who suffers from emotional distress or loss of satisfaction because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or forces you to take a vacation or sick leave, are easy to calculate. General damages are also known 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, like a multiplier of 1.5 to 5. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Although it isn't required in every injury case, mediation can be used to settle disputes without having a jury or judge 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 the amount you would like to settle and what your expectations are. The mediator will then talk with both sides alone. Then, you'll exchange counteroffers and offers to come to a resolution.

The purpose of mediation is to reach a settlement that neither the liable party nor injured the victim who has been injured want to go to court. This is an important step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been involved in an accident at work or in an auto accident. Contact us today for injured an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your lawyer may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your lawyer will present your case to a jury during the trial. The jury will decide whether the defendant was negligent and if they were then how much compensation should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present 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 make use of evidence to defend itself against the allegations you make, and to stop them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a judge, or a jury during a bench trial. It will decide if the defendant was negligent or if they were in fact negligent, what amount of financial damages could you be awarded.