How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to cover medical expenses and to make up for lost income. Many people are unsure about the procedure of suing.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be through.

Time to File

Each state has its own statute of limitations which defines the time period after an accident that you must start a lawsuit. If you do not file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this could take months.

A reputable lawyer will submit a settlement request. However, your attorney cannot make a demand until you are at the point of maximum medical improvement and are as well-as possible.

You may also have to adhere to additional time limitations if injured by an entity of the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling, and are unique to each case. Your lawyer can clarify these more in detail. These cases usually settle faster than other types of cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims, which include car accidents, 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 you became injured. However, Injury Lawyer there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for example, allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations could be reduced or torpedoed. For example when the plaintiff is mentally disabled or is younger than. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations that applies to your situation. If you try to submit a claim after the time limit has expired the case could be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages determined by the evidence provided in 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 circumstance which resulted in your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property and the amount of lost wages if an injury stopped you from working or caused you to be absent or take vacation time. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

While it's not a mandatory part of every injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then meet with both sides on their own. Then, you can make counteroffers and exchange offers in order to reach a decision.

The aim of mediation is to arrive at a settlement that neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases are settled via mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will be based on your particular circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will present your case before a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and, should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or a jury in the bench trial. It will decide whether the defendant was negligent, and if they were and the verdict is a financial one, how much are you entitled to.