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 to make up for lost income. However many people are confused about how the litigation process is conducted.

In this blog post, we will review five legal milestones that each personal injury attorney claim has to be through.

Time to File

Each state has a statute of limitations that defines the amount of time after an accident, you are required to bring a lawsuit. If you do not submit your claim within this period, it is most likely be dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. This could take months depending on the nature of the case.

A good lawyer will submit a settlement request. Your attorney can only make this demand once you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and injury law firms are specific for each situation. Your attorney will be able to explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. For instance the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations may also be shortened or extended in some cases like when the plaintiff is young or has a mental disability. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the medical treatment of the victim and lost wages as well as the expenses related to an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant failed to behave with the level of care that reasonable people would have used 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 if an injury prevents you from working or forces you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not mandatory in all injury Law firms cases. However it can be utilized as a way to settle a dispute and avoid having a judge or jury decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you will make counter-offers and exchange offers to reach a resolution.

The purpose of mediation is to arrive at an agreement that neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case is not resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your attorney will argue your case to a jury of peers during the trial. The jury is responsible for determining whether 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, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you deserve financial damages to cover those expenses and losses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury during the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages could you be awarded.