How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to pay for medical expenses and make up for lost income. Many people are unsure of the process of filing a lawsuit.

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

Time to File

Each state has its own statute of limitation that specifies the time frame after an accident to bring a lawsuit. If you don't submit your claim within the timeframe, it is almost always dismissed.

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

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

If you've been injured by a government agency or a physician working for the government, you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each case. Your lawyer can explain them in more detail. These cases usually settle faster than other types of cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. However, there are exceptions to this rule, which can effectively pause the clock in certain circumstances. The discovery rule, for example permits you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or tolled in certain cases, such as when the plaintiff is underage or has mental disabilities. It is recommended to consult an experienced attorney for injury to determine the specific time limit that applies to your situation. If you try to submit a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can have devastating effects on the victim as well as their family.

Damages

The person who wins a personal injury case is entitled to damages. These can include money for the victim's medical costs or lost wages as well as other injuries-related costs. Other types of damages pay compensation to someone who has suffered emotional distress or lost satisfaction because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same situation that led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or requires you to take vacation or sick leave are easy to calculate. General damages, also known as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, injured the ratio of 1.5 to 5. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not required in all injury cases. However it can be used as a way to resolve a dispute without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two parties will sit down with the mediator. Then, you can offer counteroffers and exchange ideas in order to reach a decision.

The purpose of mediation is to arrive at an agreement where neither the responsible party nor the victim who has been injured want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case to peers to the jury. The jury will decide if the defendant was negligent, and if they were what amount of compensation should be awarded to cover your financial losses, injuries and other expenses.

During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that the financial damages needed cover your losses and expenses. The defense will present evidence to counter your accusations and keep them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict is issued by a judge or a jury during the bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.