How the Injury Lawsuit Process Works

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

In this blog post, we'll review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Each state has a statute of limitations which defines the period of time following an accident when you have to file a lawsuit. If you don't file your claim within this window, it will almost always be dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This can take a long time depending on the nature of the case.

At this point, a good lawyer will issue an offer for settlement. However, your attorney cannot make this demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are specific to each situation. Your attorney can explain them in more detail. Generally, these cases are faster to be resolved than other ones.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines are applicable to a wide range of personal injury lawyer claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

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

In certain circumstances, the statute of limitation may be shortened or even tolled. For example, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations applicable to your case. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim and their family.

Damages

If a person wins an injury case is entitled to damages. These could include funds to pay for the victim's medical treatment and lost wages as well as the costs caused by an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment in life because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that an average person would have applied in the same circumstance which led to your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property or the value of lost wages if an injury kept you from working, or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

Mediation isn't required in every case of injury. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you'll go back and forth with counteroffers and offers to find a solution.

The purpose of mediation is achieving an agreement where neither the liable party nor injured party want to take to court. This is a vital step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been involved in a workplace accident or auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your attorney might decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a defense of peers to a jury. The jury will be accountable for determining whether the defendant was negligent and, in the event that they were, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to compensate for your losses and expenses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay you any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury at the bench trial. It will decide whether the defendant was negligent or Injury Lawyer not, and if so and the verdict is a financial one, how much should you be awarded.