How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and compensate for the loss of income. A lot of people aren't certain about the process of litigation.

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

Time to File

Every state has a statute of limitations that sets the time period after an accident to start a lawsuit. If you fail to file your claim in this time frame, it is almost always dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take months, depending on the complexity of the case.

A good lawyer will then present a settlement demand. However, your lawyer cannot make this demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government organization or a doctor working for the government, you could be subject to additional time limitations to comply with in addition the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are extremely specific to each situation. Your lawyer can provide more details. They are usually resolved quicker than other types of cases.

Statute of limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different types of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to run the day you've been injured. There are exceptions to the rule that can effectively stop it in certain circumstances. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or extended in some cases like when the plaintiff is underage or has a mental disability. It is recommended to consult an experienced injury lawyer to determine the specific limitation period that applies to your case. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

The person who wins an injury case is entitled to damages. These could include funds to cover the cost of the victim's medical care and lost wages as well as the costs related to an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of pleasure due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, including the cost to repair or replace damaged property, and the amount of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries result in higher general damage awards than smaller or less-permanent injuries.

Mediation

Mediation isn't required in every injury case. However it can be used 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 who is referred to as a mediator.

The mediator will ask you questions to find out what you expect and how much money you'd like. The two parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers until you arrive at a settlement.

The goal of mediation is to arrive at an agreement where neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step to avoid a lengthy and stressful process of litigation. Most cases of injury law firms settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today for an appointment with us for injury lawyer a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial if your case has not been settled outside of court. This will be based on your particular circumstances, the quality of your evidence and the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will decide whether the defendant was negligent and, if they were the amount of compensation that should be paid to cover your injuries, financial losses, and expenses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that financial damages are needed to cover your expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or jury in a bench trial will decide if the defendant was negligent, and should it be determined what amount of financial damages are entitled to.