How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to get compensation for Firms medical bills or lost income, you may start a lawsuit. However there are many who aren't clear about how the litigation process is conducted.

This blog post will discuss five stages that all personal injury claims have to be able to pass through.

Time to File

Every state has a statute of limitation that specifies the time period after an accident to bring a lawsuit. If you don't make a claim within this window, it will almost always be dismissed.

After a case has been filed the parties will then begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.

A good lawyer will present a settlement demand. However, your lawyer can't make a demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government entity or a doctor employed by the government, you may have additional deadlines that you must 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 explain them in greater depth. Generally these cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to run on the day the injury. However there are exceptions to this rule, which can effectively stop the clock in some cases. For example the discovery rule permits you to file a case 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 cases like when the plaintiff is younger or has a mental disability. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

A person who is awarded a personal injury attorney lawsuit is entitled to damages. This could include money to cover the cost of the medical treatment of the victim or lost wages, as well as the expenses that result from an accident. Other damages can be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your attorney will argue that defendant failed to act in a manner that a reasonable person might have done in the same situation. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or causes you to take a vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are typically greater for serious injuries as opposed to minor or short-term injuries.

Mediation

While it is not required in every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask you questions to find out what you're expecting and the amount you'd like. The mediator will then talk with both sides in a private setting. After that, you will be back and forth with counteroffers and offers in order to come to a resolution.

The party who is at fault and the victim of injury would like to go to trial Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your attorney will argue your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so then how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a juror or judge in a bench trial. It will determine whether the defendant was negligent and, if they were the case, what financial damages are you entitled to.