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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 cover medical expenses and compensate for the loss of income. A lot of people aren't certain about the process of filing a lawsuit.

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

Time to File

Every state has a law that limits the time you are required to start a lawsuit following an accident. If you don't file your claim within the window, it will almost always be dismissed.

When a case is filed the parties start a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this could take months.

A good lawyer will then offer a settlement. However, your attorney cannot make this demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government agency or a doctor working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in more detail. Generally these cases are resolved more quickly than others.

Statute of limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule which could effectively pause the clock in certain cases. The discovery rule, for example, allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain cases in certain circumstances, for example, if the plaintiff is younger or mentally disabled. You should consult with an experienced attorney for injury lawyers to determine the specific time limit that applies to your situation. If you attempt to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to damages. They can include money for medical expenses, lost wages and accident-related costs. Other types of damages compensate a person who has suffered emotional distress or lost satisfaction because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same circumstance, which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or causes you to take vacation or sick leave, are easy to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages are generally higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not required in every injury case. However, it can be used to settle a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two sides will have a private discussion with the mediator. You will then make counteroffers and exchange offers in order to reach a decision.

The purpose of mediation is achieving an agreement where neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial in the event that your case isn't settled outside of court. This will be based on your individual circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will present your case to a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent and, should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay any amount. After both sides have made their closing arguments the jury will then deliberate. The verdict, which is handed down by a judge or jury in a bench trial will determine if the defendant was negligent and, in the event of negligence, what amount of financial damages should be awarded.