How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and replace lost income. Many people are unsure about the procedure of suing.

In this blog post, we'll examine five key litigation milestones every personal injury case must go through.

Time to File

Each state has a statute that limits the amount of time you can start a lawsuit following an accident. If you fail to file your claim in the timeframe it is nearly always dismissed.

When a case is filed the parties begin a process known as discovery. This involves exchanging information like witness statements, documents and depositions. This can take a long time depending on the complexity 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.

If you've been injured by a government organization or a physician working for the government, you may be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are specific to each situation. Your lawyer can explain them in more detail. These cases are typically 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 which include car accidents, 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 begins to tick the day after you were injured. However, there are exceptions to this rule which could effectively stop the clock in some cases. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain situations like when the plaintiff is younger or Injury Lawsuit has a mental disability. It is best to speak with an experienced injury lawyer to determine the exact limitation period that applies to your situation. If you try to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to damages. This could include money to pay for the victim's medical care as well as lost wages and the expenses related to an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment in life due to an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant failed to act in a manner that a reasonable person would have done in the same circumstance. This led to your oakwood injury law firm.

Special damages are generally easy to calculate, including the cost to repair or replace damaged property and the amount of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation is not required in every injury case. However it can be utilized to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then talk with both sides at a time. Then, you will make counter-offers and exchange offers for a resolution.

The purpose of mediation is to reach an agreement where neither the party who is at fault nor the injured party want to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto crash or a workplace injury, injury lawsuit Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney might decide that a trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your lawyer will argue your case before a jury during the trial. The jury is responsible for determining if the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to pay for the expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury at the bench trial. It will decide if the defendant was negligent and, if they were and the verdict is a financial one, how much will you be awarded.