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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and to make up for injury attorney lost income. However, many people are unclear about how the process operates.

In this blog post, injury Attorney we'll examine five key litigation milestones every personal injury law firm case must be through.

Time to File

Every state has a law that limits the amount of time you are required to start a lawsuit following an accident. If you don't file your claim in this time frame it is usually dismissed.

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

A reputable lawyer will submit a settlement request. But, your lawyer is not able to issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

You could also be required to adhere to additional deadlines if you were injured by an organization of the government or by a physician who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to provide more details. In general the cases are quicker to resolve than other cases.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However, there are exceptions to this rule that could effectively pause the clock in certain situations. The discovery rule, for instance, allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or tolled in some cases like when the plaintiff is underage or has mental disabilities. You should consult with an experienced injury attorney to determine the precise time limit that applies to your situation. If you attempt to submit a claim after your deadline has passed the case could be dismissed by the court. This can have devastating consequences on the victim and the family members of the victim.

Damages

A person who wins in an injury lawsuit is entitled to compensation. These could include funds to pay for the medical treatment of the victim and lost wages as well as the costs that result from an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment because of an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury prevented you from working or required you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you're expecting and the amount you want. Then, the two parties will sit down with the mediator. Then, you will make counter-offers and exchange offers to find a solution.

Neither the negligent party nor the victim who has been injured would like to go to court, so the goal is to settle the matter in mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. 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 set up an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of the courtroom, your attorney could decide that going to trial is required. This will be based on your specific circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present your case to peers before a jury. The jury is responsible for determining whether the defendant was negligent and if so, how much compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or jury in the bench trial. It will decide whether the defendant was negligent or not, and if so the case, what financial damages are you entitled to.