How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and to make up for lost income. However, many people are unclear about how the process works.

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

Time to File

Each state has a statute which limits the time you have to file a lawsuit after an accident. If you fail to file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed, the parties start a process called discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this can take months.

A reputable lawyer will make a settlement request. But, your lawyer is not able to make a demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity of the government or a medical professional who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. They are usually resolved faster than other cases.

Statute of limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" begins to tick on the day you became injured. However, there are exceptions to this rule that can effectively pause the clock in some cases. The discovery rule, for instance allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain situations, such as when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the specific time limit that applies to your particular case. If you attempt to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as his or her family.

Damages

A person who wins an injury lawsuit is entitled damages. These could include funds to cover the cost of the victim's medical treatment or lost wages, as well as the expenses that result from an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that reasonable people would have exercised in the same circumstance which resulted in your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property and the cost of lost wages if an injury stopped you from working, or forced you to take time off or sick. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

While it is not an obligatory element in any 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 third party neutral, called mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator Injury lawyer will then talk with both sides alone. After that, you will go back and Injury Lawyer forth with counteroffers and offers until you reach a settlement.

The aim of mediation is achieving an agreement where neither the responsible party nor injured victim would prefer to take to court. This is an important step to avoid the long and stressful litigation process. The majority of injury attorney cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to arrange an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your attorney may decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a defense of peers to the jury. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that financial damages are needed to cover your expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay you any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is issued by either jurors or judges in a bench trial will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.