How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and make up for lost income. However, many people are unclear about how the process is carried out.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must go through.

Time to File

Each state has a statute of limitations that defines the period of time following an accident to file a lawsuit. If you don't file your claim in this time frame the claim is almost always dismissed.

After a case has been filed the parties begin a process known as discovery. This involves exchanging information like documents, witness statements and depositions. It could take a few months, depending on the complexity of the case.

A reputable lawyer will offer a settlement. However, your lawyer cannot issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government agency or a medical professional working for the government, you may be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in more depth. They are usually resolved faster than other types of cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state is up. 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 the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. The discovery rule, for instance allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations may be shortened or tolled. For example, if the plaintiff is mentally handicapped or is younger than. You should consult with an experienced attorney for mount vernon injury lawyer (you can try this out) to determine the exact statute of limitations applicable to your situation. If you attempt to file a claim after the statute of limitations has expired the case could be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

The person who wins a personal injury case is entitled to compensation. They could include compensation for the victim's medical costs as well as lost wages and other injuries-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same circumstance that led to your injury.

Special damages, like the cost of replacing or Mount Vernon Injury lawyer repairing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave are simple to determine. General damages, also known as pain and suffering are harder to determine. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it's not a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you'll be back and forth with counteroffers and offers to find a solution.

The aim of mediation is to arrive at an agreement that neither the responsible party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to arrange an appointment for a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been resolved out of court. This will depend on your personal circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

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

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will present evidence to refute your claims and stop them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge or jury during the bench trial. It will decide if the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.