How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical expenses or injury lawsuit lost income, it is possible to start a lawsuit. Many people aren't sure about the litigation process.

In this blog post, we'll review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Every state has a law that limits the time you are required to start a lawsuit following an accident. If you do not file your claim within this timeframe, it will almost always be dismissed.

After a case has been filed the parties begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this may take months.

At this point, a good lawyer will make an offer for settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government organization or a physician working for the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. These cases usually settle quicker than other types of cases.

Statute of limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" begins to tick on the day you became injured. There are exceptions to this rule, which can stop it in certain instances. For instance the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations may also be shortened or tolled in certain situations in certain circumstances, for example, if the plaintiff is younger or has mental disabilities. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you try to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to compensation. They may include compensation to cover medical expenses as well as lost wages and other injuries-related costs. Other kinds of damages are awarded to a person who has suffered emotional distress or lost pleasure because of an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your attorney will argue that defendant failed to behave in a way that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. General damages tend to be higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation is not required for every injury law firms case. However it can be utilized as a way to resolve a dispute without having a judge or jury decide on 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 receive in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. Then, you'll make counteroffers and exchange offers for a resolution.

The goal of mediation is to come to an agreement in which neither the liable party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you have been involved in an accident at work or in an auto accident. Contact us today for an initial consultation for free. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present a defense of peers before the jury. The jury will decide whether the defendant was negligent and, if they were the amount of compensation that should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict is issued by a judge, or a jury during a bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages are you entitled to.