How the Injury Lawsuit Process Works

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

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be through.

Time to File

Every state has a law that limits the time you have to file a lawsuit after an accident. If you fail to file your claim in the timeframe it is nearly always dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This could take months, depending on the complexity of the case.

At this point, a good lawyer will present an offer for injury lawsuits settlement. But, your lawyer is not able to issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by a government entity the government or a doctor who works for the government. These are sometimes 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. In general, these cases are resolved more quickly than others.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, the statute of limitations "clock" begins to tick on the day that you were injured. There are some exceptions to this rule that can effectively stop it in certain situations. For example the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) the injury.

In some cases the statute of limitations could be reduced or extended. For example when the plaintiff is mentally handicapped or is under the age of. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. This could include money to cover the cost of the victim's medical care as well as lost wages and the costs caused by an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have used in the same circumstance that led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or forces you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically lead to higher general damage awards than minor or temporary injuries.

Mediation

Mediation is not required for every injury case. However it is often used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. At mediation, injury lawsuits you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The two parties will sit down with the mediator. Then, you can make counter-offers and exchange proposals to find a solution.

The aim of mediation is to come to an agreement in which neither the negligent party nor injured victim want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. The majority of injury Lawsuits cases settle through mediation, even those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your attorney might decide that trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present your case to peers to the jury. The jury is responsible to determine if the defendant was negligent, and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and you deserve financial damages to pay for the expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge, or a jury in the bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages could you be awarded.