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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay your medical bills and make up for lost income. However many people aren't sure about how the litigation process works.

In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must go through.

Time to File

Every state has a statute of limitations that sets the time period after an accident, you are required to bring a lawsuit. If you don't file your claim within the time frame, it will almost always be dismissed.

After a case has been filed, the parties begin a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this could take months.

A good lawyer will then offer a settlement. However, your lawyer can't issue a settlement demand until you have reached the point 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 doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney will be able to provide more details. In general, these cases are resolved more quickly than others.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many different types of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In the majority of states, the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in certain circumstances. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury law firm.

The statute of limitations could also be shortened or extended in some cases like when the plaintiff is younger or has mental disabilities. It is best to speak with an experienced lawyer for injury to determine the specific statute of limitations that applies to your particular situation. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who wins in an injury case is entitled to damages. These may include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses caused by an accident. Other types of damages are awarded to a person who has suffered emotional distress or loss of satisfaction because of an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that defendant did not perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury attorneys keeps you from working or requires you to take a vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. Severe injuries will generally result in greater general damages than smaller or less-permanent injuries.

Mediation

While it is not an essential element of any injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange offers to reach a resolution.

The aim of mediation is to arrive at an agreement where neither the liable party nor injured victim want to go to court. This is an important step to avoid the lengthy and stressful process of litigation. Even the most complex injury cases are settled at mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney may decide that going to trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

Your attorney will argue your case to a jury during the trial. The jury is responsible to determine if the defendant was negligent, and if so, how much compensation you should receive to pay for your injuries, injuries expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover those expenses and losses. The defense will provide evidence to argue your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial, will determine whether the defendant was negligent and, should it be determined what amount of financial damages you should be awarded.