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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to pay for medical expenses and to make up for lost income. A lot of people aren't certain about the process of litigation.

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

Time to File

Each state has its own statute of limitations that sets the time frame after an accident to start a lawsuit. If you do not file your claim within this period, it is most likely be dismissed.

After a case has been filed and the parties begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this may take months.

At this point, a good lawyer will issue an agreement demand. Your attorney can only make this demand once you have attained the highest level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by a government entity the government or a doctor who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can explain these in more detail. Generally these cases can be quicker to resolve than other cases.

Statute of limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. There are exceptions to the rule which could cause it to stop in certain cases. For instance the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to compensation. These could include funds to cover the cost of the victim's medical expenses and lost wages as well as the costs caused by an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property, and the amount of lost wages if an injury stopped you from working or required you to use sick or vacation time. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, a factor of 1.5 to 5. The most severe injuries are likely to result in higher general damages awards than small or short-lasting injuries.

Mediation

Although it's not required in any injury attorneys case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much money you want. The mediator will then discuss the matter with both sides on their own. Then, you'll exchange counteroffers and offers until you reach a settlement.

The purpose of mediation is to come to an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to cover those expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, handed down by jurors or judges in a bench trial will determine if the defendant was negligent, and if so, what amount of financial compensation you are entitled to.