How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay medical bills and make up for lost income. Many people are unsure about the litigation process.

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be able to pass through.

Time to File

Each state has a statute of limitations which defines the period of time following an accident, you are required to make a claim. If you do not submit your claim within the timeframe, it is almost always dismissed.

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

A good lawyer will make a settlement request. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or by a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain them in more detail. In general these cases are resolved more quickly than others.

Statute of limitations

It is crucial to make a claim for 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 the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally disabled or is younger than. You should consult with an experienced injury attorney to determine the particular statute of limitations that applies to your particular situation. If you try to submit a claim after the 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

If a person wins an accident case is entitled to damages. This could include money to pay for the victim's medical expenses as well as lost wages and the expenses caused by an accident. Other types of damages can compensate the victim for the loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant did not perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the cost of lost wages if an injury prevented you from working or required you to be absent or take vacation time. 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, such as the ratio of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Although it isn't a mandatory part of any injury case, mediation can be used to settle 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 who is referred to as mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. Then, you can make counter-offers and exchange proposals to find a solution.

The party who is at fault and the victim who was injured want to go to trial, so the goal is to settle the matter in mediation. This is an important step in avoiding the long and stressful litigation process. Even the most complicated injury lawyer cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been involved in a workplace accident or auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that a trial is necessary. This will be based on your specific circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide whether the defendant was negligent and if they were the amount of compensation that is due to compensate your financial losses, injuries and other expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will use evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is delivered by the judge or a jury in a bench trial, will determine whether the defendant was negligent and, if so, the amount of financial compensation you should be awarded.