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. However, many people are unclear about how the process works.

In this blog post, we will look at five milestones in litigation that every personal injury law firm claim must undergo.

Time to File

Each state has a statute that limits the amount of time you must make a claim following an accident. If you fail to submit your claim within this time frame the claim is almost always dismissed.

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

A good lawyer will then present a settlement demand. However, your lawyer cannot make this demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

You may also have to adhere to additional time limits if you were injured by an entity belonging to the government or a doctor injury lawsuit who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each situation. Your attorney can explain these in greater detail. In general these cases can be faster to be resolved than other ones.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to the rule that can effectively stop it in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the wheaton injury lawsuit.

In certain circumstances, the statute of limitations may be shortened or tolled. For example when the plaintiff is mentally impaired or is younger than. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins in an injury case is entitled to compensation. These can include money to cover medical expenses loss of wages, as well as the costs associated with an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have applied in the same situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or forces you to take vacation or sick leave, are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damages awards than minor or temporary injuries.

Mediation

Mediation isn't mandatory for every injury case. However, it can be used as a way to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you'd like to spend. Then, the two parties will sit down with the mediator. Then, you'll make counteroffers and exchange offers in order to reach a decision.

Neither the negligent party nor injury lawsuit the victim who was injured want to go to court therefore the goal is to settle the matter in mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up an initial consultation for free. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your attorney may decide that trial is required. 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 attorney will present a case of peers to a jury. The jury will be accountable for determining if the defendant was negligent and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay you any amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge or a jury at the bench trial. It will determine if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.