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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 for medical expenses and compensate for the loss of income. Many people are unsure of the procedure of suing.

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be able to pass through.

Time to File

Every state has a law that restricts the time you must file a lawsuit after an accident. If you don't make a claim within this timeframe, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this could take months.

At this point, a skilled lawyer will make an offer for settlement. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government entity or a doctor working for the government, you may be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are generally called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer can explain them in greater detail. They are usually resolved faster than other types of cases.

Statute of limitations

If you'd like to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many types of personal injury law firms claims including car accidents and 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 you became injured. There are some exceptions to the rule which could effectively pause it in certain instances. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or extended in certain cases like when the plaintiff is younger or has mental disabilities. It is best to speak with an experienced injury attorney to determine the precise limitation period that applies to your case. If you try to make a claim after the statute of limitation has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins an injury case is entitled to compensation. These may include money to cover the cost of the victim's medical treatment or lost wages, as well as the expenses associated with an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or lost pleasure due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that defendant did not perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property and the value of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to find out what you expect and how much money you'd like to spend. The mediator will then talk with both sides at a time. Then, you'll exchange counteroffers and offers to find a solution.

The purpose of mediation is to reach an agreement in which neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule an appointment for a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your lawyer may decide that going to trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a defense of peers before the jury. The jury is responsible to determine if the defendant was negligent and in the event of negligence, what compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will provide evidence to refute your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, handed down by the judge or a jury in a bench trial, will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.