How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to pay medical bills and compensate for the loss of income. However there are many who aren't clear 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

Every state has a law that limits the time you have to bring a lawsuit following an accident. If you don't submit your claim within the timeframe, it is almost always dismissed.

When a case is filed, the parties begin a process of discovery. It involves exchanging documents like witness statements, injury lawsuit documents and depositions. Depending on the nature of the case, this might take months.

A good lawyer will offer a settlement. The lawyer can only make this demand after you have reached maximum medical improvement.

You may also be required to adhere to additional time limitations if injured by an entity of the government or by a physician who works for the government. These are commonly referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can explain them in greater depth. Generally the cases are faster to be resolved than other ones.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a wide range 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 the majority of states the statute of limitations "clock" starts ticking on the day you became injured. There are some exceptions to this rule that can stop it in certain cases. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can be reduced or even tolled in certain cases, such as when the plaintiff is underage or has a mental disability. It is recommended to consult an experienced lawyer for injury to determine the precise time limit that applies to your situation. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to compensation. These may include money to pay for the medical treatment of the victim as well as lost wages and the expenses related to an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of pleasure due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not take the proper care that an average person would have used in the same circumstance that led to your injury.

Special damages are usually simple to calculate, injury lawsuit including the cost to repair or replace damaged property and the amount of lost wages if an injury prevented you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it isn't an essential element of any injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like to spend. The mediator will then discuss the matter with both sides alone. Then, you can make counter-offers and exchange offers to reach a resolution.

Neither the negligent party nor the victim of injury would like to go to court, so the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been injured in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

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

During the trial, your lawyer will present a case to peers to a jury. The jury is responsible for determining whether the defendant was negligent and, should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to cover the costs and losses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay you any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, which is issued by either jurors or judges in a bench trial, will determine if the defendant was negligent and if so, what amount of financial damages you should be awarded.