How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical bills or lost income, it is possible to start a lawsuit. Many people are unsure of the procedure of suing.

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

Time to File

Each state has its own statute of limitation that specifies the period of time following an accident to start a lawsuit. If you don't submit your claim within this time frame it is nearly always dismissed.

Once a case is filed the parties will then begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of the case, this might take months.

A reputable lawyer will offer a settlement. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional time limits if you've been injured by a government entity the government or a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations begins to run the day you were injured. However, there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for example permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. It is best to speak with an experienced lawyer for injury to determine the specific statute of limitations applicable to your situation. If you attempt to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who is awarded an injury lawyers lawsuit is entitled to damages. These may include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses associated with an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant failed to perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working, or forces you to take a vacation or sick leave, are simple to calculate. 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 multiplier of 1.5 to 5. Serious injuries typically lead to higher general damage awards than small or short-lasting injuries.

Mediation

Although it isn't required in every injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you'd like to spend. The two sides will talk alone with the mediator. After that, you will go back and forth with counteroffers and offers until you arrive at a settlement.

The party who is at fault and the victim of injury would like to go to trial, so the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Whether you are 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 for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your attorney will present what is known as your case to a jury 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 injuries, financial losses and other expenses.

During the trial, firms your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you deserve financial damages to cover those expenses and losses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is issued by either the judge or jury in a bench trial will determine whether the defendant was negligent and if so, firms the amount of financial damages should be awarded.