How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and make up for lost income. Many people aren't sure about the procedure of suing.

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

Time to File

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

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. It could take a few months, depending on the complexity of the case.

A reputable 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 organization or a doctor employed by the government, you may have additional deadlines to comply with in addition the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can explain them in greater detail. They are usually resolved faster than other cases.

Statute of limitations

If you want to increase your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many types of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, the statute of limitations "clock" starts ticking on the day you became injured. However there are exceptions to this rule which could effectively pause the clock in certain circumstances. For example, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitation may be reduced or extended. For example, if the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced attorney for injury to determine the specific statute of limitations that applies to your case. If you attempt to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an injury lawsuit is entitled damages. These may include money to cover the cost of the victim's medical care and injuries lost wages as well as the expenses that result from an accident. Other types of damages compensate a person who has suffered emotional distress or injuries lost enjoyment in life because of an accident.

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

Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or causes you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, such as a factor of 1.5 to 5. General damages are generally higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However it is often used to resolve a dispute and avoid having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like to spend. The two parties will discuss their differences with the mediator. Then, you will offer counteroffers and exchange ideas for a resolution.

The aim of mediation is achieving an agreement that neither the party who is at fault nor the injured victim want to go to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you have been involved in an accident at work or in an auto accident. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a defense of peers to a jury. The jury is responsible to determine if the defendant was negligent and, in the event of negligence, what compensation you will receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are required to compensate for your losses and expenses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by jurors or judges in a bench trial will decide if the defendant was negligent and, if so, what amount of financial damages are entitled to.