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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 for medical expenses and make up for lost income. Many people aren't sure about the process of filing a lawsuit.

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

Time to File

Each state has a statute of limitations that sets the period of time following an accident to bring a lawsuit. If you don't submit your claim within this period, it is most likely be dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this can take months.

At this point, a skilled lawyer will make a settlement demand. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government agency or a doctor employed by the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each particular situation. Your attorney will be able to explain these in greater detail. In general the cases are solved more quickly than other cases.

Statute of limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to this rule, which could cause it to stop in certain circumstances. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury law firms.

The statute of limitation can be reduced or even tolled in certain situations for instance, when the plaintiff is underage or is mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to damages. They may include compensation to cover medical expenses, lost wages and accident-related costs. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident.

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

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or forces you to take vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering are harder to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation is not mandatory in every injury case. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you want. The mediator will then discuss the matter with both sides alone. Then, you can make counteroffers and exchange offers for a resolution.

The party who is at fault and the victim of injury would like to go to court, so the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial in the event that your case cannot be settled out of court. This will be based on your individual circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a case to peers before the jury. The jury will determine whether the defendant was negligent, and if they were then how much compensation should be paid to cover your financial losses, injuries, and expenses.

During trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict, which is issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.