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How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical expenses or lost income, you could start a lawsuit. However there are many who aren't clear about how the process operates.

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

Time to File

Every state has a law that limits the time you have to start a lawsuit following an accident. If you don't submit your claim within the timeframe, it is almost always dismissed.

When a case is filed and the parties are able to start a process called discovery that involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this could take months.

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

You may also be required to adhere to additional time limitations if injured by an entity of the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain these in more detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many types of personal injury attorneys claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. However, there are exceptions to this rule which could effectively pause the clock in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitations could be shortened or even tolled. For example when the plaintiff is mentally disabled or is underage. You should consult with an experienced injury lawyer to determine the particular limitation period that applies to your particular situation. If you try to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

The person who wins an accident case is entitled to damages. This could include money to cover the cost of the victim's medical care, lost wages, and the costs associated with an accident. Other types of damages can compensate a person for the loss of enjoyment or Injury Lawyer emotional distress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working or caused you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

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

The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. The two parties will sit down with the mediator. Then, you'll alternate between offers and counteroffers to reach a settlement.

The goal of mediation is achieving an agreement that neither the liable party nor the victim who has been injured want to go to court. This is an important step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your lawyer will present a case of peers before the jury. The jury will be responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be announced by a juror injury lawyer or judge in a bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages could you be awarded.