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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and to make up for lost income. A lot of people aren't certain about the litigation process.

In this blog post, we will discuss five litigation milestones that every personal injury case must be through.

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident that you must file a lawsuit. If you don't make a claim within this window, it will almost always be dismissed.

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

A good lawyer will then submit a settlement request. However, injury your attorney cannot make a demand until after you've reached the stage of maximum medical improvement and are as well-as possible.

You could also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or by a physician who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater depth. Generally these cases can be resolved more quickly than others.

Statute of Limitations

It is important to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to a wide range of personal injury claims, such as car accidents and 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 the day the injury. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitations can be shortened or even tolled. For example, if the plaintiff is mentally impaired or is younger than. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

Anyone who prevails in an injury lawsuit is entitled to damages. These may include money to pay for the victim's medical care or lost wages, as well as the expenses associated with an accident. Other kinds of damages compensate someone who has suffered emotional distress or lost enjoyment in life because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way which a reasonable person could have done in the same situation. This led to your injury attorneys.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or requires you to take vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Serious injuries typically lead to higher general damages awards than small or short-lasting injuries.

Mediation

Mediation is not mandatory in all injury cases. However it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you'd like to spend. Then, the two sides will talk alone with the mediator. After that, you will exchange counteroffers and offers until you reach a settlement.

The aim of mediation is achieving a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at 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 in an auto accident. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your personal circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will argue your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were, how much compensation should be paid to cover your financial losses, injuries and other expenses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, delivered by the judge or a jury in a bench trial, will determine if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.