How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to pay medical bills and make up for lost income. However, many people are unclear about how the litigation process is conducted.

In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must go through.

Time to File

Every state has a statute of limitations which defines the time period after an accident when you have to file a lawsuit. If you do not submit your claim within this period, it is almost always be dismissed.

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

A good lawyer will then make a settlement request. Your lawyer can only make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in more detail. Generally these cases are solved more quickly than other cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different types of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations begins to tick the day after you've been injured. However there are exceptions to this rule which could effectively stop the clock in certain situations. For example the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or Injury Law firms is underage. It is recommended to consult an experienced attorney for injury to determine the precise time limit that applies to your case. If you attempt to submit a claim after your time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to compensation. They can include money for the victim's medical costs loss of wages, as well as injuries-related costs. Other kinds of damages compensate a person who is suffering from emotional distress or loss of enjoyment in life because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person might have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property and the value of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. Serious injuries typically result in higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation is not mandatory in every injury case. However, it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to determine what you expect and the amount you want. Then, the two sides will talk alone with the mediator. Then, you'll exchange counteroffers and offers until you find a solution.

The aim of mediation is to arrive at an agreement where neither the responsible party nor injured party want to take to court. This is an important step to avoid a lengthy and stressful process of litigation. Most injury lawyer cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been in an accident at work or an auto accident. Call us today to arrange an initial consultation for free. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case has not been settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present a defense of peers before a jury. The jury is responsible for determining whether the defendant was negligent, and if so, how much 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 led to your injuries. They will also show that financial damages are required to cover your losses and expenses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict, delivered by jurors or judges in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you should be awarded.