How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical expenses or lost income, it is possible to bring a lawsuit. Many people are unsure of the litigation process.

In this blog post, we will examine five key litigation milestones every personal injury claim must be able to pass through.

Time to File

Each state has a statute that limits the time you are required to bring a lawsuit following an accident. If you fail to file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This could take months depending on the complexity of the case.

A good lawyer will present a settlement demand. But, your lawyer is not able to make a demand until after you have reached the point of maximum medical improvement and are as recovered as possible.

You could also be required to adhere to additional time limits if you've been injured by a government entity the government or a medical professional who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more detail. These cases are usually resolved faster than other cases.

Statute of limitations

It is vital to make a claim for personal injury attorneys before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are a few exceptions to the rule which could effectively pause it in certain cases. For example 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 certain cases like when the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the exact time limit that applies to your case. If you try to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. These can include money for medical expenses, lost wages and injuries-related costs. Other types of damages are awarded to a person who is suffering from emotional distress or lost pleasure because of an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have applied in the same situation, which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or forces you to take a vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, a factor injury lawyer of 1.5 to 5. General damages are usually more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory for every injury case. However it can be utilized to resolve a dispute and avoid 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 questions to determine what you want in your settlement and what your expectations are. The two sides will have a private discussion with the mediator. After that, you'll exchange offers and counteroffers to arrive at a settlement.

The goal of mediation is to come to a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you've been in a workplace accident or auto accident. Call us today to arrange an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers to jurors. The jury is responsible to determine if the defendant was negligent, and in the event that they were, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that financial damages are required to cover your losses and expenses. The defense will use evidence to defend itself against your claims, and stop them from having to pay you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, handed down by a judge or jury in a bench trial, will determine whether the defendant was negligent and should it be determined what amount of financial damages you should be awarded.