How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and compensate for the loss of income. Many people aren't sure about the process of litigation.

In this blog post, we will look at five milestones in litigation that each personal injury claim has to be through.

Time to File

Each state has a statute that limits the time you have to make a claim following an accident. If you do not file your claim within this window, it will most likely be dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This could take months depending on the nature of the case.

A good lawyer will then make a settlement request. However, your attorney cannot make this demand until you are at the point of maximum medical improvement and are as recovered as possible.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your lawyer can explain them in more detail. They are usually resolved faster than other types of cases.

Statute of limitations

If you want to increase your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations begins to tick on the day you have been injured. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for example, allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can also be shortened or extended in certain cases for instance, when the plaintiff is underage or mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses loss of wages, as well as injuries-related costs. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your attorney will argue that defendant failed to act in a manner that a reasonable person might have done in the same situation. This led to your injury attorneys.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in greater general damages awards than small or short-lasting injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, both parties will sit down with the mediator. After that, you will go back and forth with offers and counteroffers to reach a settlement.

The negligent party and the victim who was injured want to go to trial and so the aim is to settle the matter in mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complex 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 an auto accident. Call us today to arrange an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case is not resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event that they were, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries and that financial damages are needed to pay for your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, given by the judge or a jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial damages are entitled to.