How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay medical bills and replace lost income. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must undergo.

Time to File

Each state has a statute that limits the time you must make a claim following an accident. If you don't file your claim in the timeframe it is nearly always dismissed.

After a case has been filed the parties will then begin a discovery process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this may take months.

A good lawyer will submit a settlement request. The lawyer can only make this demand after you have achieved your maximum medical improvement.

If you were injured by a government entity or a doctor employed by the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer can explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury lawsuits cases including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. There are some exceptions to the rule which could cause it to stop in certain instances. The discovery rule, for example, allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain situations, such as when the plaintiff is underage or has mental disabilities. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt 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 on the victim as well as his or her family.

Damages

If a person is awarded a personal injury lawyers lawsuit is entitled to receive damages. They could include compensation for medical expenses loss of wages, as well as accident-related costs. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment in life due to an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant did not act in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, like the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

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

The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like. The two parties will discuss their differences with the mediator. Then, you'll offer counteroffers and exchange ideas to find a solution.

The purpose of mediation is to come to an agreement where neither the liable party nor injured victim would prefer to take to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today to schedule a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial if your case is not settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present your case to peers before the jury. The jury is responsible to determine if the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover these expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is given by a judge or jury in a bench trial will determine if the defendant was negligent and, if so, what amount of financial damages are entitled to.