How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to get compensation for medical expenses or lost income, you may bring a lawsuit. A lot of people aren't certain about the process of filing a lawsuit.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must be able to pass through.

Time to File

Each state has a statute that limits the time you must make a claim following an accident. If you don't submit your claim within this time frame, it is almost always dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This can take a long time, depending on the complexity of the case.

A reputable lawyer will make a settlement request. However, your attorney cannot make this demand until you've reached the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government agency or a physician working for the government, you could be subject to additional time limits to comply with in addition the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater depth. In general, these cases are solved more quickly than other cases.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to this rule, which could effectively pause it in certain cases. The discovery rule, 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 can also be shortened or tolled in certain situations, such as when the plaintiff is younger or is mentally disabled. You should consult with an experienced injury lawyer to determine the specific statute of limitations that applies to your case. If you try to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical expenses and lost wages as well as the costs that result from an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This led to your injury lawyer.

Special damages, injury lawyer such as the cost of replacing or repairing damaged property or lost wages if an injury attorneys prevents you from working or forces you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are harder to quantify. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation is not required in all injury cases. However it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you're expecting and the amount you want. The mediator will then talk with both sides on their own. Then, you can make counter-offers and exchange offers for a resolution.

The negligent party and the injured victim wants to go to trial, so the goal is to settle through mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your particular circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case of peers to the jury. The jury will determine if the defendant was negligent and if they were, how much compensation is due to cover your financial losses, injuries and other expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or a jury at a bench trial. It will determine whether the defendant was negligent and, if they were and the verdict is a financial one, how much will you be awarded.