How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay for medical expenses and make up for lost income. However many people are confused about how the process works.

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

Time to File

Each state has a statute of limitation that specifies the period of time following an accident to file a lawsuit. If you don't submit your claim within this time frame, it is almost always dismissed.

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

A good lawyer will then submit a settlement request. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after you were injured. There are some exceptions to the rule which could effectively pause it in certain circumstances. The discovery rule, for instance permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally disabled or underage. Contact an experienced columbus injury law firm lawyer to determine the statute of limitations applicable to your case. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in an accident case is entitled to damages. These could include funds to pay for the medical treatment of the victim, lost wages, injured and the costs related to an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment in life due to an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have exercised in the same circumstance which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave are simple to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a factor of 1.5 to 5. Severe injuries will generally result in greater general damages awards than minor or short-lasting injuries.

Mediation

Mediation is not mandatory in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to find out what you're expecting and how much you want. The mediator will then speak with both sides alone. After that, you'll be back and forth with counteroffers and offers until you reach a settlement.

Both the party responsible for the negligence and the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been in an accident at work or an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case cannot be settled out of court. This will be based on your particular circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

During the trial, your lawyer will present a defense of peers to a jury. The jury will decide whether the defendant was negligent and, if they were, how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a juror or judge during the bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages could you be awarded.