How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and compensate for the loss of income. However many people are confused about how the process is carried out.

In this blog post, we will review five legal milestones that every personal injury lawsuit must undergo.

Time to File

Each state has its own statute of limitations that sets the amount of time after an accident when you have to file a lawsuit. If you don't file your claim within the timeframe, it will most likely be dismissed.

After a case has been filed, the parties begin a process known as discovery, which involves exchanging information such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

At this point, a skilled lawyer will present an offer for settlement. But, your lawyer is not able to make a demand until after you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government agency or a medical professional working for the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are very specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of limitations

It is important to start a lawsuit for personal injury lawsuits before the statute of limitations in your state is up. These deadlines apply to many different types of personal injury claims, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. However there are exceptions to this rule which could effectively pause the clock in certain situations. For instance the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations could be reduced or extended. For example, if the plaintiff is mentally disabled or is younger than. It is best to speak with an experienced injury lawyer to determine the particular time limit that applies to your particular case. If you try to submit 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 and their family.

Damages

If a person wins an accident case is entitled to compensation. They can include money for medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages compensate someone who has suffered emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your lawyer will argue that defendant failed to behave in a way which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or requires you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering are harder to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. Severe injuries will generally lead to higher general damages than minor or temporary injuries.

Mediation

Although it's not an obligatory element in every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then meet with both sides on their own. Then, you'll exchange counteroffers and offers in order to arrive at a settlement.

The goal of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been in an accident at work or an auto accident. Contact us today to schedule an appointment for a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so, how much compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are needed to compensate for your losses and expenses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be issued by a judge or injury lawyer a jury at the bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much will you be awarded.