How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and make up for lost income. However many people aren't sure about how the process is conducted.

In this blog post, we'll examine five key litigation milestones every personal injury case must go through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident, you are required to bring a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.

Once a case is filed and the parties are able to start a process called discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

A good lawyer will submit a settlement request. However, your attorney cannot make a demand until after you have reached the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in more detail. In general these cases are quicker to resolve than other cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, which include car accidents, 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 begins to tick the day after you've been injured. However there are exceptions to this rule that can effectively pause the clock in some cases. For example the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury lawyers.

The statute of limitation can be reduced or even tolled in certain cases, such as when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the exact limitation period that applies to your case. If you try to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. They may include compensation for medical costs, lost wages and injuries-related costs. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of satisfaction because of an accident.

The amount of damages will be determined by a jury on the basis of evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that reasonable people would have used in the same circumstance that led to your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, injury Lawsuit also referred to as pain and suffering, are harder to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in higher general damage awards than small or short-lasting injuries.

Mediation

Mediation isn't required for every injury case. However it is often used as a way to resolve a dispute without having a jury or Injury Lawsuit judge decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

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

The aim of mediation is to come to an agreement that neither the party who is at fault nor the injured victim want to go 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. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

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

Your attorney will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and, if so then how much compensation should be paid to cover your injuries, financial losses and other expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover the costs and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, issued by either a judge or jury in a bench trial will decide if the defendant was negligent, and if so, what amount of financial damages you are entitled to.