How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and replace lost income. However many people are confused about how the litigation process works.

This blog post will cover five stages that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitation that specifies the time period after an accident when you have to file a lawsuit. If you don't file your claim within this timeframe, it will almost always be dismissed.

After a case has been filed, the parties begin a process of discovery, which involves exchanging information like documents, witness testimony and depositions. Based on the complexity of the case, this might take months.

A good lawyer will then submit a settlement request. However, your lawyer can't issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government organization or a doctor working for the government, you may have additional deadlines to adhere to in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater detail. Generally these cases are resolved more quickly than others.

Statute of limitations

If you'd like to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a wide range of personal injury attorney claims including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule, which can effectively stop the clock in certain situations. The discovery rule, for instance permits you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is young or has a mental disability. It is recommended to consult an experienced bastrop injury law firm lawyer to determine the precise statute of limitations that applies to your particular case. If you try to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as the family members of the victim.

Damages

A person who wins an injury lawsuit is entitled to damages. This could include money to pay for the victim's medical care or lost wages, as well as the expenses that result from an accident. Other kinds of damages could compensate a person for the loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property or the amount of lost wages if an injury stopped you from working or caused you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, an amount of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it's not required in any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, injury lawsuit called mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then talk with both sides in a private setting. Then, you'll exchange counteroffers and offers to reach a settlement.

Neither the negligent party nor the victim of injury would like to go to court, so the goal is to settle through mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present your case to peers before jurors. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge in the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages will you be awarded.