How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and replace lost income. However there are many who aren't clear about how the process is carried out.

In this blog post, we will review five legal milestones that every personal injury case must undergo.

Time to File

Each state has its own statute of limitations that sets the amount of time after an accident, you are required to start a lawsuit. If you don't file your claim in the timeframe it is usually dismissed.

After a case has been filed and the parties begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Depending on the complexity of the case, this might take months.

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

If you were injured by a government organization 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 referred to as "discovery rules" or equitable tolling and injury law firm are very specific to each situation. Your lawyer can explain them in greater detail. In general these cases can be resolved more quickly than others.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many types of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to tick the day after the injury. There are exceptions to this rule, which can effectively stop it in certain cases. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases the statute of limitation may be shortened or even tolled. For example, if the plaintiff is mentally impaired or is underage. You should consult with an experienced lawyer for injury to determine the precise statute of limitations applicable to your particular situation. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person wins an accident case is entitled to damages. These can include money for the victim's medical costs or lost wages as well as other incident-related expenses. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same situation which led to your injury lawsuits.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are simple to determine. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation is not required in every injury law firm case. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides in a private setting. Then, you will make counteroffers and exchange offers to reach a resolution.

The aim of mediation is to reach a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most difficult injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to set up an initial consultation for free. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of court, your attorney may decide that trial is necessary. This will be based on your particular circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will make use of evidence to argue your claims, and 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, which is handed down by the judge or jury in a bench trial will determine if the defendant was negligent and, if so, the amount of financial damages should be awarded.