How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and compensate for the loss of income. However many people aren't sure about how the litigation process is carried out.

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

Time to File

Each state has a statute of limitations which defines the period of time following an accident to bring a lawsuit. If you do not submit your claim within this timeframe, injury lawsuit it will almost always be dismissed.

Once a case is filed, the parties begin a process known as discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the nature of the case, this might take months.

At this point, a good lawyer will present an offer of settlement. But, your lawyer is not able to make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.

You could also be required to adhere to additional time limits if you were injured by an entity belonging to the government or a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to provide more details. Generally, these cases are faster to be resolved than other ones.

Statute of limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different kinds of personal injury cases, Injury Lawsuit including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after the injury. There are a few exceptions to this rule, which can stop it in certain instances. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating implications on the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses or lost wages as well as other incident-related expenses. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to behave with the level of care that a reasonable person would have applied in the same circumstance, which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or requires you to take a vacation or sick leave, are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

While it's not a mandatory part of any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, you'll make counter-offers and exchange proposals to find a solution.

The goal of mediation is achieving an agreement that neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid the long and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of court, your attorney might decide that going to trial is necessary. This will be based on your individual circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case to peers before the jury. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to cover your injuries, financial losses, and expenses.

During the trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will present evidence to refute your claims and stop them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, handed down by a judge or jury in a bench trial, will determine if the defendant was negligent and should it be determined what amount of financial damages should be awarded.