How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to seek compensation for medical bills or lost income, you may make a claim. However many people are confused about how the process works.

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

Time to File

Each state has a statute of limitations that defines the time frame after an accident when you have to file a lawsuit. If you do not file your claim within the period, it is most likely be dismissed.

Once a case is filed the parties start a process called discovery. This involves exchanging information like documents, witness statements and depositions. This could take several months depending on the nature of the case.

A good lawyer will present a settlement demand. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or a medical professional who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more detail. Generally these cases can be faster to be resolved than other ones.

Statute of Limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. There are a few exceptions to the rule that can stop it in certain circumstances. The discovery rule, for example allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain circumstances like when the plaintiff is young or mentally disabled. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations applicable to your particular case. If you attempt to file a claim after the deadline has passed the case could be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in an accident case is entitled to compensation. This could include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs that result from an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property, and the cost of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for less serious or short-term injuries.

Mediation

Although it isn't required in any injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. In mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you are expecting and the amount you want. The mediator will then meet with both sides at a time. You will then make counteroffers and exchange offers to find a solution.

The negligent party and the victim who was injured want to go to trial therefore the goal is to settle through mediation. This is a vital step to avoid the long and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you've been injured in an accident at work or an auto accident. Contact us today to set up a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury law firm are settled out of court, your lawyer may decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your attorney will argue your case to a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that financial damages are required to cover your losses and expenses. The defense will use evidence to defend itself against your accusations, Injury and also to prevent them from having to pay you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict is issued by a juror or judge during the bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much should you be awarded.