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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to recover damages for medical expenses or lost income, you may start a lawsuit. However many people aren't sure about how the process is carried out.

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

Time to File

Every state has a law that limits the time you can file a lawsuit after 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 begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months.

At this point, a reputable lawyer will present an offer for settlement. However, your lawyer cannot make a demand until after you are at the point of maximum medical improvement and are as well-as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or by a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can provide more details. In general these cases are faster to be resolved than other ones.

Statute of limitations

It is essential to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many different kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations starts to run the day the injury. However, there are exceptions to this rule which could effectively pause the clock in certain situations. The discovery rule, for injury law Firm example allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain circumstances, such as when the plaintiff is underage or has mental disabilities. It is best to speak with an experienced lawyer for injury to determine the particular statute of limitations applicable to your particular case. If you attempt to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. These can include money to cover the cost of the medical treatment of the victim as well as lost wages and the expenses caused by an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same circumstance which led to your Injury law firm.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property as well as the value of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages, also known as pain and Injury law Firm suffering, are more difficult to calculate. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to calculate general damages. Severe injuries will generally result in higher general damages than smaller or less-permanent injuries.

Mediation

Although it isn't a mandatory part of any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. After that, you'll be back and forth with counteroffers and offers in order to come to a resolution.

The goal of mediation is to reach an agreement where neither the negligent party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

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

Your lawyer will present your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if they were then how much compensation is due to cover your losses due to injuries, financial loss and other expenses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to pay for the expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, handed down by the judge or jury in a bench trial, will determine if the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.