How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical expenses or lost income, you may start a lawsuit. Many people are unsure of 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 a statute that restricts the time you must make a claim following an accident. If you do not file your claim within the window, it will most likely be dismissed.

Once a case is filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this can take months.

At this point, an experienced lawyer will submit an offer for settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government agency or a medical professional working for the government, you could have additional time constraints to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater depth. They are usually resolved quicker than other types of cases.

Statute of limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to many different kinds of personal injury cases, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run the day you have been injured. There are some exceptions to this rule that could cause it to stop in certain cases. The discovery rule, for example allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases the statute of limitations could be reduced or extended. For example, if the plaintiff is mentally impaired or is underage. You should consult with an experienced injury lawyer to determine the precise limitation period that applies to your case. If you try to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical treatment or injury lawsuit lost wages, as well as the costs that result from an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person might have done in the same situation. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave are simple to determine. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are usually higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation isn't required in all injury attorney cases. However it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you'll make counter-offers and exchange proposals for a resolution.

Both the party responsible for the negligence and the victim who was injured want to go to court, so the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been settled outside of court. This will depend on your personal circumstances, the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your attorney will present a defense of peers before a jury. The jury will be responsible for determining whether the defendant was negligent, and Injury Lawsuit in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be issued by a judge, or a jury at the bench trial. It will decide if the defendant was negligent or if they were, how much financial damages could you be awarded.