How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical bills or lost income, you may make a claim. However, many people are unclear about how the litigation process works.

In this blog post, we'll look at five milestones in litigation that each personal injury claim has to go through.

Time to File

Every state has a law that restricts the time you are required to file a lawsuit after an accident. If you don't submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed, the parties will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this may take months.

A reputable lawyer will submit a settlement request. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement.

If you were injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are very specific to each case. Your lawyer can provide more details. These cases usually settle faster than other types of cases.

Statute of Limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after you've been injured. There are a few exceptions to the rule which can effectively stop it in certain situations. For Injury Lawyer instance the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury law firm.

In certain cases, the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury lawyer to determine the precise statute of limitations applicable to your particular situation. If you attempt to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.

Damages

The person who wins a personal injury case is entitled to compensation. This could include money to cover the cost of the victim's medical care as well as lost wages and the costs associated with an accident. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property or the amount of lost wages if an injury kept you from working or forced you to take sick or vacation time. General damages, injury lawyer also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. The most severe injuries are likely to lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation is not required in all injury cases. However it can be utilized to resolve a dispute and avoid having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. Then, the two sides will talk alone with the mediator. You will then make counter-offers and exchange proposals in order to reach a decision.

Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle the matter in mediation. This is a crucial 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 help you negotiate the settlement that is most suitable for you, whether you've been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial in the event that your case cannot be settled out of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

Your attorney will present what is known as your case to a jury during the trial. The jury will decide whether the defendant was negligent, and if they were what amount of compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover the costs and losses. The defense will use evidence to counter your allegations, and prevent them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge or a jury at the bench trial. It will decide whether the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.