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How the Injury Lawsuit Process Works

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

This blog post will cover five steps that all personal injury case claims must pass through.

Time to File

Every state has a law that restricts the time you can make a claim following an accident. If you do not make a claim within this window, it will most likely be dismissed.

When a case is filed, the parties start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. This could take several months depending on the nature of the case.

At this point, a skilled lawyer will issue an offer for settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

If you've been injured by a government organization or a medical professional working for 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 to each case. Your lawyer can explain them in greater detail. Generally these cases can be faster to be resolved than other ones.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury law lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. However, there are exceptions to this rule which could effectively pause the clock in certain circumstances. For instance the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitations can be reduced or torpedoed. For instance, if the plaintiff is mentally impaired or is younger than. It is best to speak with an experienced injury attorney to determine the specific statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

The person who wins an accident case is entitled to damages. These could include funds to pay for the victim's medical care or lost wages, as well as the costs associated with an accident. Other types of damages compensate a person who suffers from emotional distress or lost pleasure because of an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant did not act in a manner that a reasonable person might have done in the same situation. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury compensation keeps you from working or forces you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to calculate general damages. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in all injury law cases. However it can be utilized to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much money you'd like to spend. The mediator will then talk with both sides alone. Then, you can make counter-offers and exchange proposals for a resolution.

The negligent party and the victim who has been injured would like to go to trial and so the aim is to settle the matter in mediation. This is a vital step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, Injury attorney including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case cannot be resolved out 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 your case to peers to a jury. The jury will be accountable for determining whether the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to counter your claims and stop them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury in the bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.