How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical expenses or lost income, you could start a lawsuit. Many people aren't sure about the litigation process.

In this blog post, we'll examine five key litigation milestones each personal injury claim has to be able to pass through.

Time to File

Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you do not file your claim within this window, it will almost always be dismissed.

After a case has been filed, the parties will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. It could take a few months depending on the nature of the case.

At this point, a reputable lawyer will submit an offer for settlement. But, your lawyer is not able to make a demand until after you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.

You may also be required to adhere to additional time limits if you were injured by an entity of the government or by a physician who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater depth. In general the cases are solved more quickly than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to run on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in certain cases. The discovery rule, for example allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitations may be shortened or even tolled. For instance, if the plaintiff is mentally impaired or is younger than. It is best to speak with an experienced injury lawyer to determine the precise time limit that applies to your situation. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.

Damages

A person who wins an injury lawsuit is entitled damages. These can include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs related to an accident. Other kinds of damages compensate a person who is suffering from emotional distress or lost pleasure because of an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have used in the same circumstance which resulted in your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. The most severe injuries are likely to lead to higher general damages awards than minor or short-lasting injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it is often used as a way to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you expect and how much money you'd like to spend. The mediator will then meet with both sides in a private setting. After that, you'll go back and forth with counteroffers and offers until you arrive at a settlement.

The aim of mediation is to reach a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a crucial step in avoiding the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury lawyers are settled out of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

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

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. After both sides have made their closing arguments the jury will then deliberate. The verdict, given by jurors or judges in a bench trial, will decide if the defendant was negligent and, if so, what amount of financial damages you should be awarded.