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How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, it is possible to file a lawsuit. However, many people are unclear about how the process operates.

In this blog post, we will examine five key litigation milestones every personal injury claim must undergo.

Time to File

Each state has its own statute of limitations that sets the amount of time after an accident, you are required to bring a lawsuit. If you fail to file your claim in this time frame it is usually dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this can take months.

A good lawyer will then make a settlement request. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

You may also be required to adhere to additional time limits if you were injured by a government entity the government or by a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater depth. These cases are typically resolved quicker than other types of cases.

Statute of limitations

It is essential to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of 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 that can effectively stop the clock in certain cases. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can be reduced or injury lawyer even tolled in certain situations, such as when the plaintiff is younger or mentally disabled. Get an experienced injury lawyer - talks about it, to determine the applicable statute of limitations to your case. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These can include money for medical expenses or lost wages as well as other accident-related costs. Other damages can 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 on the basis of evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have exercised in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property and the amount of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages are typically greater for serious injuries than for short-term or minor injuries.

Mediation

While it is not a mandatory part of any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you'll exchange offers and counteroffers to reach a settlement.

The purpose of mediation is achieving an agreement that neither the responsible party nor injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you have been involved in a workplace accident or an auto accident. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case isn't resolved out of court. This will be based on your particular circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will argue your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that is due to compensate your financial losses, injuries and other expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to cover the costs and losses. The defense will provide evidence to counter your claims and stop them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or a jury at the bench trial. It will decide if the defendant was negligent or not, and if so and the verdict is a financial one, how much will you be awarded.