How the Injury Lawsuit Process Works

If you have been injured in an accident and want to claim compensation for medical expenses or lost income, you could bring a lawsuit. However many people are confused about how the process is carried out.

In this blog post, we'll examine five key litigation milestones each personal injury claim has to go through.

Time to File

Every state has a statute of limitations that defines the amount of time after an accident when you have to make a claim. If you do not submit your claim within this time frame the claim is almost always dismissed.

Once a case is filed and the parties are able to begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. This could take months, depending on the complexity of the case.

At this point, a reputable lawyer will present an offer of settlement. However, your lawyer can't make a demand until you've reached the point of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government agency or a physician working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are very specific to each specific situation. Your attorney can explain them in more detail. In general the cases are quicker to resolve than other cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it is important to file an injury attorneys lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. There are a few exceptions to this rule, injury lawyer which can stop it in certain situations. For example the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or tolled in certain cases for instance, when the plaintiff is underage or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the specific limitation period that applies to your particular case. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This could have devastating implications on the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical expenses or injury lawyer lost wages, as well as the expenses related to an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or forces 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 attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you would 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 reach a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial and so the aim is to settle through mediation. This is an essential step to avoid the long and stressful process of litigation. 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 help you negotiate the most favorable settlement for your particular situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your lawyer may 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.

During the trial, your lawyer will present a case to peers to jurors. The jury will determine whether the defendant was negligent and, if they were, how much compensation is due to compensate your injuries, financial losses and other expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and financial damages are required to pay for your expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict, delivered by jurors or judges in a bench trial will determine whether the defendant was negligent and if so, the amount of financial damages you are entitled to.