How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical bills or lost income, it is possible to file a lawsuit. However, many people are unclear about how the litigation process is carried out.

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

Time to File

Every state has a law that limits the time you are required to make a claim following an accident. If you do not file your claim in this time frame it is nearly always dismissed.

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

At this point, a reputable lawyer will make a settlement demand. However, your lawyer cannot make a demand until you are at the point of maximum medical improvement and are as well-as possible.

If you were injured by a government agency or a physician working for the government, you may have additional time constraints to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your attorney can explain them in more detail. Generally, these cases are faster to be resolved than other ones.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts to tick when you are injured. There are a few exceptions to this rule that could effectively pause it in certain cases. The discovery rule, for example, allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can be extended or reduced in some cases in certain circumstances, for demarest injury lawyer example, if the plaintiff is underage or is mentally disabled. Consult an experienced algonquin injury lawyer lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim and their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. These can include money to pay for the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other types of damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person would have done in the same situation. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages when an Demarest injury lawyer prevents you from working or requires you to take a vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it isn't a mandatory part of any injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The two parties will sit down with the mediator. Then, you'll exchange counteroffers and offers to arrive at a settlement.

The goal of mediation is to reach an agreement that neither the negligent party nor injured victim would prefer to take to court. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle through mediation, even those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to set up a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

Your lawyer will present your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you money. After both sides have given their closing arguments, the jury will deliberate. The verdict is issued by a judge or jury at a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages will you be awarded.