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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to seek compensation for medical expenses or lost income, you may make a claim. However many people are confused about how the litigation process is conducted.

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

Time to File

Every state has a statute of limitations that sets the amount of time after an accident that you must file a lawsuit. If you don't file your claim within this timeframe, it will almost always be dismissed.

Once a case is filed and the parties are able to begin a process called discovery that involves exchanging information like documents, witness statements and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will present a settlement demand. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

If you were injured by a government entity or a doctor employed by the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. These cases usually settle faster than other types of cases.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. There are exceptions to this rule, which can effectively stop it in certain circumstances. For instance the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations can be reduced or extended. For instance, if the plaintiff is mentally disabled or is underage. You should consult with an experienced injury lawyers attorney to determine the specific statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person wins a personal injury settlement lawsuit is entitled to receive damages. They may include compensation to cover medical expenses or lost wages as well as other the costs associated with an accident. Other kinds of damages compensate a person who is suffering from emotional distress or lost satisfaction due to an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your lawyer will argue that defendant did not behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property or the amount of lost wages if an injury prevented you from working or forced you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it isn't an obligatory element in every injury lawyer case mediation is a method to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as 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'll go back and forth with counteroffers and offers to come to a resolution.

The negligent party and the injured victim wants to go to trial Therefore, the best option is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in an accident at work or an auto accident. Contact us today to set up a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that trial is required. This will be based on your individual circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

During the trial, your attorney will present a case of peers before jurors. The jury is responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, costs and injury lawsuit financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover these 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 and the jury has a chance to deliberate. The verdict will be given by a judge, or a jury during the bench trial. It will decide whether the defendant was negligent, injury lawsuit and if they were the case, what financial damages should you be awarded.