How the Injury Lawsuit Process Works

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

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be able to pass through.

Time to File

Every state has a law that limits the time you are required to start a lawsuit following an accident. If you do not file your claim within this timeframe, it will almost always be dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this could take months.

A reputable lawyer will make a settlement request. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain these in more detail. These cases usually settle faster than other types of cases.

Statute of Limitations

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

In the majority of 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 pause the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally disabled or is underage. You should consult with an experienced injury lawyer to determine the precise limitation period that applies to your case. If you attempt to submit a claim after the deadline has passed your case is likely to be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury case is entitled to damages. These may include money to pay for the victim's medical expenses or lost wages, as well as the costs associated with an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have exercised in the same situation which led to your injury.

Special damages are generally easy to calculate, including the cost to repair or replace damaged property and injury lawsuit the cost of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages are usually higher for severe injuries than for minor or short-term injuries.

Mediation

While it's not an essential element of every injury case, mediation can be used to settle a dispute without having a judge or jury decide 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 the amount you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you will alternate between offers and counteroffers to find a solution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been involved in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your specific circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your attorney will present a case to peers before the jury. The jury will determine if the defendant was negligent and if they were, how much compensation should be paid to cover your financial losses, injuries and other expenses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover the costs and losses. The defense will provide evidence to refute your accusations and keep them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or jury during a bench trial. It will determine if the defendant was negligent or not, and if so and the verdict is a financial one, how much should you be awarded.