How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical bills or lost income, you may file a lawsuit. A lot of people aren't certain about the process of filing a lawsuit.

This blog post will go over five important milestones that all personal injury claims must go through.

Time to File

Each state has a statute which limits the time you have to file a lawsuit after an accident. If you don't make a claim within this time frame, it will almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witness testimony, documents, injury lawyer and depositions. Depending on the complexity of your case, this can take months.

At this point, a skilled lawyer will present an agreement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government entity or a doctor employed by the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more detail. In general these cases can be quicker to resolve than other cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day you've been injured. There are some exceptions to this rule, which could cause it to stop in certain circumstances. The discovery rule, for example, allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury attorneys.

The statute of limitations could also be shortened or tolled in some cases, such as when the plaintiff is young or mentally disabled. Consult an experienced injury lawyer - Springmall wrote in a blog post - to determine the applicable statute of limitations to your case. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences on the victim and his or her family.

Damages

If a person wins a personal injury case is entitled to damages. They may include compensation to cover medical expenses, lost wages and incident-related expenses. Other kinds of damages compensate a person who suffers from emotional distress or loss of enjoyment in life because of an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant failed to perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury law firms prevents you from working or causes you to take vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

While it's not required in any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. Then, you'll exchange counteroffers and offers to arrive at a settlement.

The party who is at fault and the victim who was injured want to go to court, so the goal is to settle through mediation. This is an important step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, even those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to schedule an initial consultation for free. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case has not been settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your attorney will argue your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and if they were then how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be announced by a juror or judge during a bench trial. It will decide whether the defendant was negligent or if they were, how much financial damages are you entitled to.