How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and compensate for the loss of income. However many people are confused about how the litigation process is conducted.

In this blog post, we'll review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Each state has a statute that limits the time you can make a claim following an accident. If you don't submit your claim within this timeframe, it will most likely be dismissed.

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

At this point, a good lawyer will make an offer for settlement. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional deadlines if you were injured by an organization of the government or a doctor who works for the government. These are often referred to as "discovery rules" or equitable tolling and are specific to each case. Your lawyer will be able to explain these in greater detail. They are usually resolved faster than other types of cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit, Testold Gep`s recent blog post, before your state's statute of limitations runs out. These deadlines apply to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states the statute of limitations "clock" begins to tick on the day you were injured. There are some exceptions to the rule that could effectively pause it in certain situations. The discovery rule, for instance, allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain cases in certain circumstances, for example, if the plaintiff is underage or mentally disabled. You should consult with an experienced injury lawyer to determine the exact statute of limitations that applies to your particular case. If you attempt to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. They can include money to cover medical expenses as well as lost wages and other accident-related costs. Other types of damages compensate a person who suffers from emotional distress or lost enjoyment because of an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that an average person would have exercised in the same circumstance that led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property, and the value of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to lead to higher general damage awards than small or short-lasting injuries.

Mediation

Mediation is not required in every case of injury. However, it can be used to resolve a dispute without having a jury or judge decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you'd 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 proposals to find a solution.

The goal of mediation is to reach a settlement that neither the negligent party nor injured victim want to go to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you have been involved in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your lawyer may decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present a defense of peers to a jury. The jury will determine if the defendant was negligent, and if they were the amount of compensation that is due to compensate your injuries, financial losses and other expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that financial damages are needed to pay for your expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, which is handed down by jurors or judges in a bench trial will decide if the defendant was negligent and, if so, what amount of financial damages should be awarded.