How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury law firms lawsuit will help you get compensation to pay medical bills and replace lost income. However, many people are unclear about how the litigation process is carried out.

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

Time to File

Each state has its own statute of limitations that sets the time period after an accident to make a claim. If you do not file your claim within this window, it will most likely be dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this may take months.

At this point, an experienced lawyer will present an offer for settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you've been injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater depth. Generally the cases are quicker to resolve than other cases.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different types of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations starts to tick the day after you were injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. For example the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can also be shortened or extended in some cases for instance, when the plaintiff is underage or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

A person who wins an injury lawsuit is entitled to damages. They may include compensation for the victim's medical costs as well as lost wages and other accident-related costs. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment in life because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to act with the level of care that an average person would have used in the same circumstance which led to your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a multiplier of 1.5 to 5. The most severe injuries are likely to result in higher general damages than those resulting from minor injury lawyer or short-lasting injuries.

Mediation

Mediation is not required in every injury case. However it is often used to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange offers for a resolution.

The negligent party and the injured victim wants to go to court therefore the goal is to settle in mediation. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your attorney might decide that a trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case to peers to a jury. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to compensate your losses due to injuries, financial loss and other expenses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and the financial damages needed compensate for your losses and expenses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, delivered by jurors or judges in a bench trial, will determine whether the defendant was negligent and, if so, the amount of financial damages should be awarded.