How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay medical bills and to make up for lost income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must be able to pass through.

Time to File

Each state has a statute that limits the time you are required to make a claim following an accident. If you don't file your claim within the time frame, it will almost always be dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.

At this point, a good lawyer will issue a settlement demand. However, your lawyer cannot make a demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government organization or a physician working for the government, you could have additional deadlines that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule, which can effectively stop the clock in certain situations. For example, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

In certain cases, the statute of limitation may be reduced or extended. For instance, if the plaintiff is mentally impaired or is younger than. You should consult with an experienced injury lawyer to determine the specific statute of limitations applicable to your particular situation. If you try to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. These may include money to pay for the victim's medical expenses and lost wages as well as the costs that result from an accident. Other types of damages compensate someone who has suffered emotional distress or lost pleasure because of an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant did not act in a manner that a reasonable person might have done in the same situation. This led to your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property as well as the amount of lost wages if an injury prevented you from working or forced you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be utilized to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask you questions to determine what you're expecting and the amount you want. The two sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange offers to reach a resolution.

The negligent party and injury lawyer the victim of injury would like to go to court Therefore, the best option is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a defense of peers to the jury. The jury will decide whether the defendant was negligent and if they were then how much compensation should be awarded to cover your financial losses, injuries, and expenses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to pay for the expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict is issued by a juror or judge during a bench trial. It will determine whether the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.