How the Injury Lawsuit Process Works

If you've been injured in an accident and want to get compensation for medical expenses or lost income, you could start a lawsuit. However many people aren't sure about how the process operates.

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

Time to File

Each state has a statute that restricts the time you can bring a lawsuit following an accident. If you do not submit your claim within this window, it will almost always be dismissed.

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

At this point, a reputable lawyer will submit a settlement demand. Your lawyer can only make this demand after you have achieved your maximum medical improvement.

You may also have to adhere to additional time limits if you were injured by a government entity the government or a doctor who is employed by the government. These are generally called "discovery rules" or equitable tolling and are very specific to each particular situation. Your attorney can explain them in more detail. Generally the cases are solved more quickly than other cases.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of personal injury law Firms claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

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

The statute of limitations may be reduced or even tolled in certain cases, such as when the plaintiff is young or has mental disabilities. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim and their family.

Damages

A person who wins in an injury case is entitled to compensation. These may include money to cover the cost of the victim's medical care, lost wages, and the costs caused by an accident. Other types of damages compensate someone who suffers from emotional distress or lost enjoyment because of an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the 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 resulted in your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property, and the value of lost wages if an injury prevented you from working, or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it isn't an essential element of any injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. The two parties will discuss their differences with the mediator. After that, you will be back and forth with counteroffers and offers until you reach a settlement.

The party who is at fault and Injury Law Firms the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Whether you are involved in an auto crash or a workplace injury, injury law Firms Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today for an initial consultation for free. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury lawyers are settled out of the courtroom, your attorney could decide that trial is required. This will be based on your individual circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

Your attorney will argue your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover the costs and losses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is handed down by the judge or jury in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages are entitled to.