How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay your medical bills and compensate for the loss of income. Many people aren't sure about the procedure of suing.

In this blog post, we'll review five legal milestones that each personal injury claim has to go through.

Time to File

Each state has a statute of limitations that defines the time frame after an accident to start a lawsuit. If you don't submit your claim within this window, it will most likely be dismissed.

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

A reputable lawyer will make a settlement request. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your attorney will be able to explain these in more detail. In general these cases can be quicker to resolve than other cases.

Statute of limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to tick on the day the injury. There are some exceptions to the rule which can effectively stop it in certain instances. The discovery rule, for example, allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitations may be reduced or torpedoed. For instance, if the plaintiff is mentally handicapped or underage. It is recommended to consult an experienced injury lawyer to determine the particular limitation period that applies to your case. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical care, lost wages, injury lawyer and the costs caused by an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of satisfaction because of an accident.

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

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or requires you to take a vacation or sick leave are simple to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as a factor of 1.5 to 5. General damages are typically higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation is not mandatory in all injury cases. However it can be used as a way to resolve a dispute without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you want. The mediator will then speak with both sides alone. Then, you'll make counter-offers and exchange offers for a resolution.

The negligent party and the injured victim wants to go to court and so the aim is to settle the matter in mediation. This is an essential step to avoid the long and stressful process of litigation. Even the most difficult injury cases are settled via mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Call us today to arrange an appointment for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present your case to peers to the jury. The jury is responsible to determine if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that the financial damages needed pay for your expenses and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is handed down by jurors or judges in a bench trial will determine if the defendant was negligent and in the event of negligence, injury lawyer what amount of financial damages should be awarded.