How the Injury Lawsuit Process Works

If you've been injured in an accident and want to get compensation for medical expenses or lost income, you can bring a lawsuit. A lot of people aren't certain about the process of litigation.

In this blog post, we will look at five milestones in litigation that every personal injury lawyer claim must be able to pass through.

Time to File

Every state has a statute of limitations which defines the time frame after an accident to file a lawsuit. If you fail to file your claim in this time frame it is nearly always dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. This can take a long time depending on the complexity of the case.

A good lawyer will submit a settlement request. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

If you've been injured by a government entity or a medical professional working for the government, you may have additional time constraints that you must meet in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are extremely specific to each situation. Your lawyer can explain them in greater depth. Generally these cases are solved more quickly than other cases.

Statute of limitations

It is important to start a lawsuit for personal injury law firms before the statute of limitations in your state runs out. These deadlines are applicable to many different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to run the day you've been injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. For instance, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitation may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is younger than. It is best to speak with an experienced injury lawyer to determine the particular statute of limitations applicable to your particular situation. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical care and lost wages as well as the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property and the amount of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use an increaser, such as a 1.5 to 5 factor, injury lawyer to calculate general damages. Serious injuries typically result in greater general damage awards than smaller or less-permanent injuries.

Mediation

Although it's not an essential element of any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you can make counter-offers and exchange offers to reach a resolution.

The goal of mediation is to come to an agreement that neither the liable party nor injured victim would prefer to take to court. This is a crucial step to avoid a lengthy and stressful process of litigation. The majority of injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

Your lawyer will argue your case before a jury during the trial. The jury is responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you will 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 financial damages are required to compensate for your losses and Injury lawyer expenses. The defense will provide evidence to counter your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury in a bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages will you be awarded.