How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay medical bills and replace lost income. Many people aren't sure about the litigation process.

In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.

Time to File

Each state has a statute that limits the amount of time you are required to make a claim following an accident. If you do not file your claim within this period, injury attorney it is almost always be dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

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

If you've been injured by a government entity or a physician working for the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are specific to each situation. Your attorney can explain them in greater depth. They are usually resolved faster than other cases.

Statute of Limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. There are some exceptions to this rule that can effectively stop it in certain cases. The discovery rule, for instance, allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is young or has a mental disability. It is recommended to consult an experienced injury attorney to determine the exact time limit that applies to your particular case. If you attempt to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

A person who wins in an accident case is entitled to compensation. They can include money for medical expenses, lost wages and the costs associated with an accident. Other types of damages are awarded to a person who has suffered emotional distress or loss of pleasure due to an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your attorney will argue that defendant did not perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. Severe injuries will generally result in higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation is not required in every injury case. However, it can be used as a way to resolve a dispute without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with a neutral third party, Injury Attorney called a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. After that, you will go back and forth with counteroffers and offers until you reach a settlement.

The aim of mediation is achieving an agreement where neither the party who is at fault nor the injured party want to take to court. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today for a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a defense of peers to the jury. The jury is responsible for determining if the defendant was negligent and, in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to pay for the expenses and losses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is given by a judge or jury in a bench trial will determine whether the defendant was negligent, and if so, the amount of financial damages are entitled to.