How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical expenses or lost income, you can start a lawsuit. A lot of people aren't certain about the litigation process.

In this blog post, we'll review five legal milestones that each personal injury claim has to be through.

Time to File

Every state has a statute of limitation that specifies the period of time following an accident to bring a lawsuit. If you fail to submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties are able to begin a process of discovery. It involves exchanging documents such as documents, witness testimony and depositions. This can take a long time depending on the nature of the case.

At this point, a good lawyer will submit an offer of settlement. However, your attorney cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you've been injured by a government agency or a doctor employed by the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in more depth. These cases usually settle faster than other cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. However, injury lawyer there are exceptions to this rule that can effectively pause the clock in certain cases. The discovery rule, for example permits you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In some instances the statute of limitations can be reduced or torpedoed. For instance, if the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations applicable to your particular case. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

Anyone who prevails in a personal injury case is entitled to damages. They could include compensation for medical expenses loss of wages, as well as the costs associated with an accident. Other damages can compensate a person for the loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that reasonable people would have used in the same situation that led to your injury.

Special damages, like 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 simple to determine. 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, an amount of 1.5 to 5. General damages are usually 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 jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.

The mediator will ask you questions to determine what you're expecting and how much you want. Then, the two parties will sit down with the mediator. After that, you'll go back and forth with counteroffers and offers until you reach a settlement.

Both the party responsible for the negligence and the victim of injury would like to go to court, so the goal is to settle in mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been injured in an accident at work or an auto accident. Contact us today for an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

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

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

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will make use of evidence to argue your accusations, and also to prevent them from having to pay you any money. After both sides have made their closing arguments and the jury deliberates. The verdict will be issued by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent and, if they were the case, injury lawyer what financial damages will you be awarded.