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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay for medical expenses and replace lost income. However there are many who aren't clear about how the litigation process works.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must be through.

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident to file a lawsuit. If you do not submit your claim within this period, it is most likely be dismissed.

After a case has been filed the parties begin a process of discovery, which involves exchanging information like documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.

A good lawyer will then make a settlement request. But, your lawyer is not able to issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

You may also be required to adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. These are sometimes called "discovery rules" or equitable tolling, and are unique to each particular situation. Your lawyer can explain them in more detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a wide range of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases the statute of limitations could be reduced or extended. For instance when the plaintiff is mentally impaired or is underage. It is best to speak with an experienced injury lawyer to determine the specific limitation period that applies to your particular case. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences on the victim as well as their family.

Damages

A person who is awarded a personal injury attorneys lawsuit is entitled to receive damages. These may include money to cover the cost of the medical treatment of the victim as well as lost wages and the costs that result from an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have applied in the same situation which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damages awards than minor or temporary injuries.

Mediation

Mediation is not mandatory in all injury cases. However, it can be used as a way to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to find out what you're expecting and how much you'd like to spend. The two parties will discuss their differences with the mediator. Then, you'll offer counteroffers and exchange ideas to reach a resolution.

Both the party responsible for injured the negligence and the victim who has been injured would like to go to court, so the goal is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.

Your attorney will present what is known as your case to a jury during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a judge or a jury in the bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages should you be awarded.