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 your medical bills and to make up for lost income. Many people are unsure about the process of litigation.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must go through.

Time to File

Each state has a statute of limitations which defines the amount of time after an accident when you have to file a lawsuit. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

After a case has been filed, the parties will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the complexity of the case.

At this point, a good lawyer will present an offer for settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can clarify these more in detail. In general, these cases are solved more quickly than other cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

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

The statute of limitation can be reduced or even tolled in certain situations, such as when the plaintiff is young or mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They can include money for medical expenses as well as lost wages and other accident-related costs. Other types of damages compensate a person who is suffering from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same circumstance that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave are simple to determine. General damages, also referred to as pain and suffering are harder to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation is not required in every injury case. However, it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're expecting and the amount you want. Then, both sides will have a private discussion with the mediator. You will then make counter-offers and exchange proposals in order to reach a decision.

The party who is at fault and the victim of injury would like to go to trial Therefore, the best option is to settle the matter in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury attorney, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Call us today to arrange an appointment for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial if your case is not settled outside of court. This will be based on your specific circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present a defense of peers to jurors. The jury will be responsible for determining whether the defendant was negligent and in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries, and that financial damages are required to cover your expenses and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge in a bench trial. It will decide if the defendant was negligent and, if they were the case, what financial damages are you entitled to.