How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical bills or lost income, you can start a lawsuit. Many people are unsure about the process of filing a lawsuit.

In this blog post, we'll examine five key litigation milestones every personal injury case must be able to pass through.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident when you have to start a lawsuit. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

Once a case is filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this can take months.

At this point, a reputable lawyer will submit an offer for settlement. Your lawyer will only be able to make this demand Injury Lawsuit once you have reached maximum medical improvement.

If you've been injured by a government entity or a physician working for the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are extremely specific to each case. Your attorney can explain them in more detail. These cases usually settle faster than other types of cases.

Statute of limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many different types of personal injury lawsuits, 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 on the day you were injured. However there are exceptions to this rule that can effectively stop the clock in certain circumstances. For example, the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations may be extended or reduced in certain situations like when the plaintiff is underage or mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

If a person wins an injury law firm lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical treatment or lost wages, as well as the expenses associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the 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, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave are easy 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 determine the amount of general damages, such as an amount of 1.5 to 5. General damages are generally higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it can be utilized as a way to resolve a dispute without having a jury or injury lawsuit judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you'll make counteroffers and exchange offers for a resolution.

The negligent party and the injured victim wants to go to court and so the aim is to settle in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been injured in an accident at work or in an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your attorney may decide that going to trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present your case to peers to a jury. The jury will be accountable to determine if the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial the lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages needed compensate for your losses and expenses. The defense will provide evidence to argue your claims and stop them from owing you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, which is issued by either the judge or jury in a bench trial, will determine if the defendant was negligent and, if so, the amount of financial compensation you are entitled to.