How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay for medical expenses and make up for lost income. Many people are unsure of the litigation process.

This blog post will go over five milestones that all personal injury claims have to be able to pass through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident to start a lawsuit. If you do not submit your claim within this timeframe, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this can take months.

At this point, a reputable lawyer will issue an agreement demand. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional deadlines if you were injured by an entity belonging to the government or a medical professional who works for the government. These are often called "discovery rules" or equitable tolling and are unique to each specific situation. Your attorney can explain them in greater depth. In general these cases are faster to be resolved than other ones.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many different types of personal injury lawyer claims, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to the rule that could cause it to stop in certain circumstances. For example the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations may be shortened or tolled. For instance, if the plaintiff is mentally disabled or underage. You should consult with an experienced injury attorney to determine the exact statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury case is entitled to damages. These could include funds to cover the cost of the victim's medical care as well as lost wages and the costs associated with an accident. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave, are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are generally greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used as a way to resolve a dispute without having a judge or jury decide on the outcome. In mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then speak with both sides at a time. After that, you'll alternate between counteroffers and offers in order to come to a resolution.

The aim of mediation is to reach an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is an important step in avoiding the long and injury lawsuit stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto accident or a workplace huntersville injury lawsuit, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Call us today to arrange a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case is not settled outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a case to peers before the jury. The jury is responsible for determining if the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages needed cover your losses and expenses. The defense will present evidence to counter your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is given by the judge or jury in a bench trial will determine if the defendant was negligent and, if so, the amount of financial damages you should be awarded.