How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical bills or lost income, you may file a lawsuit. Many people are unsure about the procedure of suing.

This blog post will talk about five milestones that all personal injury claims must pass through.

Time to File

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

Once a case is filed and the parties begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This could take months depending on the complexity of the case.

At this point, an experienced lawyer will issue an offer of settlement. Your lawyer can only make this demand once you have achieved the maximum 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 commonly referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts ticking on the day you became injured. There are some exceptions to this rule that can stop it in certain instances. The discovery rule, for instance, allows you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitations can be shortened or even tolled. For example when the plaintiff is mentally disabled or is underage. It is best to speak with an experienced injury attorney to determine the precise statute of limitations that applies to your particular case. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These may include money to pay for the medical treatment of the victim as well as lost wages and the expenses that result from an accident. Other damages can provide compensation for injury attorney a person's loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have used in the same situation, which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take a vacation or sick leave are simple to determine. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. General damages are typically greater for serious injuries than for short-term or minor injuries.

Mediation

Although it isn't an essential element of any injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The mediator will then discuss the matter with both sides on their own. Then, you'll exchange counteroffers and offers to find a solution.

The goal of mediation is achieving a settlement that neither the party who is at fault nor the injured party want to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case has not been resolved out of court. This will be based on your particular circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case to peers to a jury. The jury will be responsible for determining whether the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay any amount. After both sides have made their closing arguments, the jury will deliberate. The verdict will be issued by a juror or judge in the bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.