How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and make up for lost income. Many people are unsure of the procedure of suing.

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

Time to File

Each state has a statute of limitation that specifies the period of time following an accident when you have to start a lawsuit. If you don't file your claim within this period, it is almost always be dismissed.

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

A good lawyer will present a settlement demand. However, your lawyer can't make a demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or a medical professional who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in more depth. In general these cases are solved more quickly than other cases.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many types of personal injury claims, such as 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 starts to run the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for example permits you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in some cases, such as when the plaintiff is underage or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. This could include money to pay for the victim's medical treatment, lost wages, and the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property or the value of lost wages if an injury stopped you from working or required you to take time off or sick. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. Serious injuries typically result in greater general damages than those resulting from minor or temporary injuries.

Mediation

While it is not an essential element of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you can make counter-offers and exchange offers to find a solution.

The goal of mediation is achieving an agreement in which neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, Injury Lawsuit even those that involve the most renowned insurance companies. Whether you are 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 for a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial in the event that your case cannot be resolved outside of court. This will be based on your specific circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your attorney will argue your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and if so, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant led 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 back up your allegations, and prevent them from having to pay you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict will be issued by a judge or jury during a bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages will you be awarded.