How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical bills or injury lawsuit lost income, you can bring a lawsuit. However many people are confused about how the litigation process operates.

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

Time to File

Every state has a law that limits the amount of time you must bring a lawsuit following an accident. If you do not file your claim in the timeframe it is usually dismissed.

Once a case is filed, the parties start a process called discovery. It involves exchanging documents like documents, witness testimony and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will submit an offer of settlement. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and injury lawsuit are very specific for each situation. Your lawyer can explain them in more detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

If you want to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many 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 begins to tick on the day you were injured. However, there are exceptions to this rule that can effectively pause the clock in certain situations. For instance the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitation can be extended or reduced in certain circumstances for instance, when the plaintiff is young or has a mental disability. It is recommended to consult an experienced lawyer for injury to determine the precise statute of limitations that applies to your situation. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury case is entitled to damages. This could include money to cover the cost of the victim's medical care as well as lost wages and the expenses associated with an accident. Other types of damages compensate someone who is suffering from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way which a reasonable person could have done in the same circumstance. This led to your injury lawyer.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property or the amount of lost wages if an injury kept you from working, or forced you to use sick or vacation time. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in higher general damage awards than minor or short-lasting injuries.

Mediation

Although it's not a mandatory part of any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then meet with both sides at a time. Then, you'll make counteroffers and exchange offers in order to reach a decision.

The goal of mediation is achieving an agreement in which neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Call us today to arrange a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case isn't settled out of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

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

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages could you be awarded.