How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to cover medical expenses and compensate for the loss of income. Many people are unsure about the litigation process.

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

Time to File

Each state has a statute of limitations that sets the time frame after an accident that you must bring a lawsuit. If you do not submit your claim within the timeframe it is usually dismissed.

After a case has been filed and the parties are able to start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. This could take months, depending on the complexity of the case.

At this point, a good lawyer will make an offer for settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government entity or a physician working for the government, you could have additional deadlines to adhere to in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can explain them in more detail. These cases usually settle faster than other cases.

Statute of limitations

If you'd like to maximize 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 many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" begins to tick on the day you became injured. However there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, injury lawyer for instance, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain cases for instance, when the plaintiff is young or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the specific statute of limitations applicable to your case. If you try to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

A person who is awarded an injury lawsuit is entitled to damages. These can include money to pay for the victim's medical treatment and lost wages as well as the costs related to an accident. Other kinds of damages compensate someone who is suffering from emotional distress or lost pleasure due to an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same situation, which led to your injury.

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working or required you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it's not required in every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The two parties will discuss their differences with the mediator. Then, you can make counter-offers and injury lawyer exchange proposals in order to reach a decision.

The goal of mediation is to come to a settlement that neither the party who is at fault nor the injured victim want to go to court. This is an essential step to avoid the long and stressful process of litigation. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in an accident at work or in an auto accident. Contact us today to set up a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case has not been resolved out of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

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

During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and financial damages are required to pay for your expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is handed down by a judge or jury in a bench trial, will determine whether the defendant was negligent and if so, the amount of financial damages should be awarded.