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 pay your medical bills and to make up for lost income. However there are many who aren't clear about how the process is conducted.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must be through.

Time to File

Each state has its own statute of limitations that defines the time frame after an accident that you must file a lawsuit. If you fail to file your claim in this time frame, it is almost always dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the nature of the case.

A good lawyer will offer a settlement. However, your lawyer cannot make a demand until after you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government organization or a physician working for the government, you could have additional deadlines that you must meet in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are unique to each case. Your attorney will be able to clarify these more in detail. These cases are typically resolved faster than other cases.

Statute of limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury cases including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" starts ticking on the day that you were injured. There are some exceptions to the rule that can stop it in certain cases. The discovery rule, for instance permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced injury attorney to determine the specific time limit that applies to your particular situation. If you attempt to file 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 wins an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses loss of wages, as well as the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have used in the same circumstance, which led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property, and the amount of lost wages if an injury stopped you from working or forced you to take 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 employ a multiplier, like a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damages than smaller or less-permanent injuries.

Mediation

Mediation is not mandatory in all injury cases. However, it can be used as a way to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. The two parties will discuss their differences with the mediator. Then, you'll offer counteroffers and exchange ideas to reach a resolution.

The aim of mediation is achieving an agreement where neither the responsible party nor injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most difficult injury lawyers cases can be settled through mediation. If you're involved in an accident in your vehicle or a workplace injury Law firms, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Call us today to arrange an initial consultation for free. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

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

During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries and the financial damages needed cover your expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, delivered by a judge or jury in a bench trial will determine whether the defendant was negligent, and if so, what amount of financial damages should be awarded.