How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and compensate for the loss of income. Many people aren't sure about the litigation process.

In this blog post, we will review five legal milestones that every personal injury lawsuit must undergo.

Time to File

Each state has a statute of limitations that sets the period of time following an accident to bring a lawsuit. If you don't make a claim within this period, it is most likely be dismissed.

After a case has been filed and the parties are able to begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.

At this point, a skilled lawyer will submit an agreement demand. However, your attorney cannot make a demand until you've reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government entity or a physician working for the government, Injury Attorneys you could have additional deadlines to adhere to in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling, and are specific to each specific situation. Your attorney can explain them in more depth. They are usually resolved faster than other types of cases.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range of personal Injury Attorneys claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are a few exceptions to the rule that can effectively stop it in certain situations. The discovery rule, for example permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitations may be shortened or tolled. For example when the plaintiff is mentally handicapped or is under the age of. It is best to speak with an experienced attorney for injury to determine the particular statute of limitations that applies to your particular case. If you attempt to submit a claim after your time limit has expired the case could be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These can include money for medical expenses as well as lost wages and other incident-related expenses. Other kinds of damages compensate someone who has suffered emotional distress or loss of pleasure due to an accident.

The amount of damages will be determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally lead to higher general damages than small or short-lasting injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount you'd like. Then, both parties will sit down with the mediator. Then, you'll exchange counteroffers and offers to come to a resolution.

The purpose of mediation is to come to an agreement that neither the negligent party nor injured party want to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Most injury cases settle at mediation, even those that involve the largest 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 auto accident. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal 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 to a jury. The jury will be accountable for determining whether the defendant was negligent and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to cover the costs and losses. The defense will use evidence to counter your claims, and stop them from having to pay any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict, which is issued by either the judge or jury in a bench trial will determine if the defendant was negligent and, if so, what amount of financial compensation you are entitled to.