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 to make up for lost income. However, many people are unclear about how the process is conducted.

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

Time to File

Each state has a statute which limits the time you can file a lawsuit after an accident. If you don't make a claim within this period, it is most likely be dismissed.

After a case has been filed and the parties are able to begin a process of discovery that involves exchanging information such as documents, witness testimony and depositions. It could take a few months depending on the nature of the case.

A good lawyer will then offer a settlement. However, your attorney cannot make a demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government entity or a doctor working for the government, you could be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can provide more details. In general these cases are faster to be resolved than other ones.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many types of personal injury law firm claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. There are a few exceptions to this rule that can effectively stop it in certain instances. The discovery rule, for example permits you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain cases the statute of limitations may be shortened or tolled. For example, if the plaintiff is mentally impaired or is under the age of. It is recommended to consult an experienced injury attorney to determine the precise time limit that applies to your particular case. If you try to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim and their family.

Damages

A person who wins in an accident case is entitled to compensation. They could include compensation for the victim's medical costs or lost wages as well as other injuries-related costs. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or causes you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. Serious injuries typically lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

Mediation isn't required for every injury case. However it can be utilized to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then speak with both sides alone. After that, you'll go back and forth with counteroffers and offers until you come to a resolution.

The goal of mediation is to come to an agreement where neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been involved in a workplace accident or auto accident. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

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

Your attorney will present your case before a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and, if so, how much compensation you'll receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries (enquiry), and injuries that the financial damages needed cover your losses and expenses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, given by a judge or jury in a bench trial, will determine whether the defendant was negligent and if so, what amount of financial damages you should be awarded.