How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to cover medical expenses and make up for lost income. A lot of people aren't certain about the litigation process.

This blog post will go over five milestones that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute which limits the time you have to start a lawsuit following an accident. If you don't submit your claim within this time frame it is nearly always dismissed.

After a case has been filed, the parties begin a process called discovery. It involves exchanging documents like documents, witness testimony and depositions. Based on the complexity of the case, this might take months.

A reputable lawyer will present a settlement demand. However, your lawyer cannot make a demand until you are at the point of maximum medical improvement and you are as healthy as possible.

There is also the possibility that you must adhere to additional time limitations if injured by an entity of the government or a doctor who works for the government. These are often referred to as "discovery rules" or equitable tolling and are very specific to each specific situation. Your lawyer can explain them in more depth. Generally the cases are faster to be resolved than other ones.

Statute of limitations

It is crucial to file a lawsuit for injured personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" starts ticking on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in certain situations. The discovery rule, for example permits you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury attorneys.

The statute of limitation can be reduced or even tolled in some cases for instance, when the plaintiff is young or mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. This could include money to pay for the victim's medical expenses as well as lost wages and the costs related to an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, like the cost of replacing or repairing 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 calculate. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in greater general damages awards than minor or temporary injuries.

Mediation

While it is not an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. In mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you're expecting and the amount you'd like to spend. The two sides will talk alone with the mediator. After that, you'll be back and forth with counteroffers and offers until you reach a settlement.

Neither the negligent party nor the victim who was injured want to go to trial and so the aim is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been involved in an accident at work or in an auto accident. Call us today to arrange an initial consultation for free. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent, and in the event of negligence, what compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will present evidence to refute your claims and stop them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a juror or judge in a bench trial. It will decide whether the defendant was negligent, and if they were the case, what financial damages are you entitled to.