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 many people aren't sure about how the litigation process works.

In this blog post, we will examine five key litigation milestones every personal injury case must be through.

Time to File

Each state has a statute that restricts the time you have to make a claim following an accident. If you don't submit your claim within the timeframe, it is almost always dismissed.

Once a case is filed, the parties will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this can take months.

At this point, a reputable lawyer will make a settlement demand. Your lawyer can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government organization or a doctor employed by the government, you could have additional time constraints to comply with in addition the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. There are a few exceptions to this rule, which can stop it in certain cases. For example, the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain situations for instance, when the plaintiff is younger or is mentally disabled. It is best to speak with an experienced injury attorney to determine the exact time limit that applies to your particular situation. If you try to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

The person who wins an injury case is entitled to compensation. They could include compensation to cover medical expenses loss of wages, as well as incident-related expenses. Other kinds of damages are awarded to a person who suffers from emotional distress or loss of pleasure because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property as well as the cost of lost wages if an injury stopped you from working or caused you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor injury attorney to estimate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't required in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then speak with both sides at a time. After that, you'll exchange counteroffers and offers in order to find a solution.

The goal of mediation is to reach an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury lawyer, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to set up a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney may decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a case to peers to jurors. The jury will be accountable for injury attorney determining whether the defendant was negligent and, in the event that they were, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will use evidence to argue your claims, and stop them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or jury in a bench trial, will determine whether the defendant was negligent and, if so, the amount of financial compensation you are entitled to.