How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to pay your medical bills and make up for lost income. A lot of people aren't certain about the process of filing a lawsuit.

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

Time to File

Every state has a statute of limitations that sets the amount of time after an accident, you are required to start a lawsuit. If you don't submit your claim within this time frame it is nearly always dismissed.

Once a case is filed the parties begin a process of discovery. It involves exchanging documents such as documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.

A good lawyer will then present a settlement demand. But, your lawyer is not able to make a demand until you've reached the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government entity or a doctor working for the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can clarify these more in detail. In general, these cases are faster to be resolved than other ones.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many different kinds of personal injury lawsuits cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule that can effectively stop the clock in certain situations. For instance the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitations may be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is underage. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the time limit has expired the case could be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. These can include money to cover medical expenses or lost wages as well as other incident-related expenses. Other types of damages compensate a person who is suffering from emotional distress or loss of pleasure because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to behave with the level of care that a reasonable person would have applied in the same situation, which led to your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property or the value of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages are usually greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However, it can be used to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you'll offer counteroffers and exchange ideas to find a solution.

The goal of mediation is to reach an agreement in which neither the negligent party nor the victim who has been injured want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today to arrange a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your attorney will present your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and Lawsuit if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is handed down by the judge or jury in a bench trial, will decide if the defendant was negligent, and should it be determined what amount of financial damages you should be awarded.