How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for injury lawsuit medical expenses and compensate for the loss of income. Many people are unsure of the process of filing a lawsuit.

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

Time to File

Every state has a law which limits the time you must bring a lawsuit following an accident. If you do not file your claim in this time frame the claim is almost always dismissed.

After a case has been filed and the parties are able to start a process called discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of your case, this could take months.

At this point, a reputable lawyer will present an agreement demand. Your lawyer can only make this demand once you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity belonging to the government or a medical professional who works for the government. These are commonly referred to as "discovery rules" or equitable tolling, and are very specific to each case. Your lawyer can explain them in more detail. In general these cases are solved more quickly than other cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in some cases. For example, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This can result in a devastating outcome for the victim and Injury Lawsuit their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. They could include compensation for medical costs, lost wages and incident-related expenses. Other types of damages compensate a person who suffers from emotional distress or loss of pleasure because of an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant did not act in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. The most severe injuries are likely to lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Mediation isn't mandatory in every injury case. However it can be utilized as a way to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. After that, you'll be back and forth with counteroffers and offers in order to reach a settlement.

The goal of mediation is to reach an agreement where neither the liable party nor injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been in a workplace accident or an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

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

During the trial, your lawyer will present your case to peers to a jury. The jury will be accountable for determining if the defendant was negligent and, if so, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages needed compensate for your losses and expenses. The defense will use 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 made their closing arguments. The verdict, which is handed down by the judge or a jury in a bench trial will determine whether the defendant was negligent and, in the event of negligence, what amount of financial damages you should be awarded.