How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and make up for lost income. However many people aren't sure about how the process is carried out.

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

Time to File

Every state has a law that limits the amount of time you have to start a lawsuit following an accident. If you do not submit your claim within this window, it will almost always be dismissed.

After a case has been filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time depending on the complexity of the case.

At this point, an experienced lawyer will issue an agreement demand. However, your attorney cannot make this demand until you are at the point of maximum medical improvement and injury are as recovered as possible.

If you've been injured by a government organization 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 often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater depth. These cases usually settle quicker than other types of cases.

Statute of limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

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

In certain cases the statute of limitations can be reduced or extended. For example when the plaintiff is mentally disabled or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences on the victim as well as the family members of the victim.

Damages

A person who wins in an accident case is entitled to compensation. These may include money to pay for the victim's medical expenses, lost wages, and the costs associated with an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property or the amount of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in greater general damages awards than minor or short-lasting injuries.

Mediation

Mediation is not mandatory for injury every injury case. However it can be utilized to settle a dispute and avoid having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much money you'd like. The mediator will then discuss the matter with both sides in a private setting. After that, you will go back and forth with counteroffers and offers until you come to a resolution.

The party who is at fault and the victim of injury would like to go to trial Therefore, the best option is to settle through mediation. This is an important step to avoid the long and stressful litigation process. The majority of injury attorney cases settle through mediation, even those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Call us today to arrange an initial consultation for free. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case is not settled out of court. This will be based on your particular circumstances, the quality of your evidence and the insurance company of the defendant's offer.

During the trial, your lawyer will present a defense of peers before a jury. The jury will determine if the defendant was negligent and if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will make use of evidence to argue your accusations, and also to prevent them from having to pay any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be issued by a judge or a jury during the bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages are you entitled to.