How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical bills or lost income, it is possible to start a lawsuit. Many people are unsure of the process of filing a lawsuit.

In this blog post, we will look at five milestones in litigation that every personal injury law firms case must go through.

Time to File

Every state has a law that limits the time you have to make a claim following an accident. If you fail to file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

At this point, a reputable lawyer will submit an offer for Injury attorney settlement. But, your lawyer is not able to issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government agency 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 sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater depth. They are usually resolved faster than other types of cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury claims, 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 on the day you were injured. There are exceptions to the rule which could effectively pause it in certain cases. The discovery rule, for example permits you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally disabled or Injury Attorney is underage. It is best to speak with an experienced injury attorney to determine the exact statute of limitations that applies to your particular case. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. They can include money to cover medical expenses loss of wages, as well as incident-related expenses. Other kinds of damages compensate a person who has suffered emotional distress or lost pleasure because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have applied in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. Severe injuries will generally lead to higher general damages awards than small or short-lasting injuries.

Mediation

Although it's not an essential element of any injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like to spend. Then, the two parties will sit down with the mediator. After that, you'll alternate between counteroffers and offers in order to reach a settlement.

Neither the negligent party nor the injured victim wants to go to trial Therefore, the best option is to settle in mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury lawyer, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your lawyer will present your case to peers to the jury. The jury is responsible for determining whether the defendant was negligent, and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be issued by a judge or a jury during a bench trial. It will determine whether the defendant was negligent and, if they were in fact negligent, what amount of financial damages will you be awarded.