How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay your medical bills and to make up for lost income. However many people aren't sure about how the process operates.

In this blog post, we will examine five key litigation milestones every personal injury lawyers lawsuit must undergo.

Time to File

Every state has a statute of limitation that specifies the amount of time after an accident to start a lawsuit. If you don't submit your claim within the timeframe it is usually dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. This can take a long time depending on the nature of the case.

A good lawyer will submit a settlement request. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are unique to each situation. Your lawyer can explain these in greater detail. These cases usually settle faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a wide range of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. However there are exceptions to this rule which could effectively stop the clock in certain situations. For instance the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can also be shortened or injury lawsuit extended in some cases like when the plaintiff is younger or is mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical expenses or lost wages, as well as the costs associated with an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or requires you to take a vacation or sick leave, are easy to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. You will then make counteroffers and exchange offers in order to reach a decision.

The goal of mediation is to arrive at a settlement that neither the negligent party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case is not settled out of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a case of peers to the jury. The jury will be responsible for determining whether the defendant was negligent, and if so, how much compensation you will receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover these 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 deliberates. The verdict will be issued by a juror or judge during a bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages should you be awarded.