How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and to make up for lost income. However there are many who aren't clear about how the litigation process is carried out.

In this blog post, we'll discuss five litigation milestones that every personal injury case must go through.

Time to File

Each state has a statute which limits the time you must start a lawsuit following an accident. If you do not submit your claim within the timeframe it is usually dismissed.

After a case has been filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the complexity of the case.

At this point, a reputable lawyer will issue a settlement demand. Your lawyer will only be able to make this demand once you have reached maximum medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or a doctor who works for the government. These are generally called "discovery rules" or equitable tolling and are extremely specific to each situation. Your attorney will be able to provide more details. These cases usually settle faster than other types of cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. However, there are exceptions to this rule that could effectively pause the clock in certain circumstances. The discovery rule, for example allows you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or tolled in some cases like when the plaintiff is young or is mentally disabled. You should consult with an experienced injury lawyer to determine the precise time limit that applies to your case. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. This could include money to cover the cost of the victim's medical expenses, lost wages, and the expenses related to an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment in life due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have applied in the same circumstance, which led to your injury.

Special damages are usually easy to calculate, injury lawyer including the cost of repairing or replace damaged property and the value of lost wages if an injury stopped you from working or forced you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party called a mediator.

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

The purpose of mediation is achieving a settlement that neither the party who is at fault nor the injured victim want to go to court. This is an important step to avoid the lengthy and stressful process of litigation. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you've been injured in a workplace accident or auto accident. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case is not settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and if they were what amount of compensation is due to compensate your injuries, financial losses and other expenses.

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