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 make up for lost income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must be able to pass through.

Time to File

Each state has a statute of limitation that specifies the period of time following an accident, you are required to bring a lawsuit. If you fail to file your claim in the timeframe it is nearly always dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, injury lawsuit and depositions. This can take a long time depending on the nature of the case.

A good lawyer will present a settlement demand. However, your lawyer can't make a demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government organization or a doctor employed by the government, you may have additional deadlines to meet in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling, and are unique to each particular situation. Your lawyer can explain them in greater depth. In general these cases are resolved more quickly than others.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations starts to run the day the injury. However there are exceptions to this rule that can effectively stop the clock in certain circumstances. For example the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can be extended or reduced in some cases like when the plaintiff is young or has a mental disability. It is recommended to consult an experienced injury attorney to determine the precise statute of limitations that applies to your particular case. If you try to make a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins an accident case is entitled to compensation. They may include compensation for the victim's medical costs or lost wages as well as other the costs associated with an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that reasonable people would have applied in the same situation which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or requires you to take vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. The most severe injuries are likely to lead to higher general damages than smaller or injury lawsuit less-permanent injuries.

Mediation

Although it's not a mandatory part of any bexley injury lawyer case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides at a time. After that, you will go back and forth with counteroffers and offers in order to reach a settlement.

The goal of mediation is to arrive at a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to arrange a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.

Your attorney will present your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if so what amount of compensation should be paid to cover your financial losses, injuries, and expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that financial damages are needed to compensate for your losses and expenses. The defense will provide evidence to counter your claims and stop them from owing you money. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be given by a judge or jury in the bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages should you be awarded.