How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical bills or lost income, it is possible to bring a lawsuit. However there are many who aren't clear about how the litigation process is carried out.

In this blog post, we'll examine five key litigation milestones each personal injury claim has to be able to pass through.

Time to File

Each state has a statute that limits the time you have to make a claim following an accident. If you don't make a claim within this period, it is almost always be dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this can take months.

A good lawyer will make a settlement request. However, your lawyer can't make this demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

There is also the possibility that you must adhere to additional time limitations if injured by an entity belonging to the government or a doctor who works for the government. These are often referred to as "discovery rules" or equitable tolling and are unique to each case. Your attorney will be able to provide more details. In general these cases are quicker to resolve than other cases.

Statute of Limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury cases, 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 when you are injured. However, there are exceptions to this rule which could effectively stop the clock in certain circumstances. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be extended or reduced in some cases, such as when the plaintiff is younger or has a mental disability. It is best to speak with an experienced injury lawyer (vimeo.com) to determine the specific statute of limitations applicable to your case. If you try to make a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to damages. They may include compensation for injury lawyer medical costs loss of wages, as well as incident-related expenses. Other types of damages compensate a person who is suffering from emotional distress or lost satisfaction due to an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in every injury case. However it is often used as a way to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. The mediator will then discuss the matter with both sides in a private setting. Then, you'll make counter-offers and exchange proposals to find a solution.

The aim of mediation is to come to an agreement where neither the negligent party nor injured victim want to go to court. This is an essential step to avoid the long and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Call us today to arrange an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your individual circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will argue your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your financial losses, injuries, and expenses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries and financial damages are needed to pay for your expenses and losses. The defense will present evidence to defend themselves against your claims and stop them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a judge, or a jury at a bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.