How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and make up for lost income. Many people aren't sure about the procedure of suing.

In this blog post, injury lawsuit we'll examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Every state has a law that restricts the time you are required to make a claim following an accident. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

When a case is filed and the parties are able to start a process called discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

A good lawyer will then submit a settlement request. The lawyer can only make this demand after you have reached maximum medical improvement.

If you were injured by a government organization or a doctor working for the government, injury lawsuit you could have additional time constraints to adhere to in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your lawyer can explain these in more detail. Generally these cases can be faster to be resolved than other ones.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of kinds of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations begins to run the day the injury. However there are exceptions to this rule that could effectively stop the clock in certain circumstances. 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.

The statute of limitations may be reduced or even tolled in certain situations, such as when the plaintiff is young or has mental disabilities. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

The person who wins an accident case is entitled to compensation. These can include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs related to an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have used in the same situation which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

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

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you'll make counter-offers and exchange proposals for a resolution.

The aim of mediation is to come to an agreement in which neither the negligent party nor injured victim would prefer to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

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

Your attorney will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and, if so what amount of compensation is due to compensate your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and that you deserve financial damages to cover the costs and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict is issued by a judge or jury during the bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages could you be awarded.