How the Injury Lawsuit Process Works

If you have been injured in an accident and want to recover damages for medical expenses or lost income, you may bring a lawsuit. A lot of people aren't certain about the litigation process.

This blog post will cover five milestones that all personal injury claims have to pass through.

Time to File

Each state has its own statute of limitations that defines the time period after an accident, you are required to file a lawsuit. If you do not file your claim within this time frame, it will almost always be dismissed.

After a case has been filed and the parties are able to begin a process known as discovery, which involves exchanging information like documents, witness testimony and depositions. This can take a long time depending on the nature of the case.

At this point, a reputable lawyer will present an agreement demand. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or by a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in greater detail. These cases are typically resolved 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 ends. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. There are exceptions to this rule, which can stop it in certain instances. The discovery rule, for example, allows you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally impaired or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you try to file a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who wins in an injury lawsuit is entitled to compensation. They could include compensation to cover medical expenses or lost wages as well as other injuries-related costs. Other damages could compensate the victim for the loss of enjoyment or emotional stress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, including the cost to repair or replace damaged property and the cost of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, injury you will make counteroffers and exchange offers for a resolution.

The negligent party and the victim who has been injured would like to go to court therefore the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury lawyer, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case is not settled out of court. 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 before jurors. The jury is responsible for determining whether the defendant was negligent and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a juror or judge in the bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.