How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical expenses or lost income, you may start a lawsuit. However many people are confused about how the litigation process operates.

In this blog post, we will discuss five litigation milestones that every personal injury case must go through.

Time to File

Every state has a law that restricts the time you can bring a lawsuit following an accident. If you do not submit your claim within this time frame it is nearly always dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time depending on the complexity of the case.

A good lawyer will then present a settlement demand. The lawyer can only make this demand after you have attained the highest level of medical improvement.

You may also have to adhere to additional time limitations if injured by an entity of the government or by a doctor who is employed by the government. These are commonly referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer can explain them in greater detail. In general, these cases are quicker to resolve than other cases.

Statute of limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you have been injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. The discovery rule, for instance allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury law firm.

In certain cases the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally impaired or underage. It is best to speak with an experienced injury lawyer to determine the particular statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to receive damages. They can include money for the victim's medical costs, lost wages and the costs associated with an accident. Other kinds of damages could compensate a person for the loss of enjoyment or emotional pain caused by an accident.

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

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave are simple to determine. General damages, also known as pain and suffering, 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 are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

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

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The two sides will have a private discussion with the mediator. Then, you can make counter-offers and exchange proposals to find a solution.

The party who is at fault and the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been injured in an accident at work or in an auto accident. Call us today to arrange an appointment for a no-cost consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present your case to peers before jurors. The jury is responsible for determining if the defendant was negligent, Attorneys and if so, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and attorneys losses. The defense will present evidence to counter your claims and stop them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, delivered by the 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.