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 your medical bills and make up for lost income. However many people are confused about how the litigation process is conducted.

In this blog post, we will examine five key litigation milestones each personal injury claim has to be through.

Time to File

Every state has a law that limits the time you are required to file a lawsuit after an accident. If you don't file your claim in the timeframe it is nearly always dismissed.

Once a case is filed and the parties are able to start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

A reputable lawyer will submit a settlement request. However, your attorney cannot make a demand until after you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

You may also have to adhere to additional deadlines if you were injured by a government entity the government or a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney will be able to provide more details. These cases are typically resolved faster than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and firms wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run the day you were injured. There are exceptions to this rule, which could effectively pause it in certain cases. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations can be reduced or torpedoed. For instance, if the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced attorney for injury to determine the exact statute of limitations that applies to your situation. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses associated with an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of pleasure because of an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same circumstance that led to your injury lawyers.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. Severe injuries will generally lead to higher general damage awards than minor or temporary injuries.

Mediation

While it's not an obligatory element in every injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then meet with both sides on their own. Then, you'll make counter-offers and exchange proposals in order to reach a decision.

The goal of mediation is achieving an agreement in which neither the negligent party nor injured victim want to go to court. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you've been involved in a workplace accident or an auto accident. Contact us today to arrange a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case cannot be settled out of court. This will be based on your particular circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and financial damages are required to cover your losses and expenses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay you any money. After both sides have made their closing arguments and the jury deliberates. The verdict will be issued by a judge or a jury in the bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages could you be awarded.