How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. Many people are unsure about the litigation process.

In this blog post, we will discuss five litigation milestones that every personal injury lawsuit must go through.

Time to File

Every state has a law that limits the time you must make a claim following an accident. If you do not file your claim in this time frame, it is almost always dismissed.

Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. This could take several months depending on the complexity of the case.

At this point, a skilled lawyer will make an agreement demand. However, your lawyer can't make a demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

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

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states the statute of limitations "clock" begins to tick on the day that you were injured. There are some exceptions to the rule that can stop it in certain cases. The discovery rule, for instance, allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitation may be reduced or torpedoed. For instance, if the plaintiff is mentally disabled or underage. It is recommended to consult an experienced sparks injury law firm attorney to determine the specific statute of limitations that applies to your particular case. If you attempt to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other types of damages compensate a person who suffers from emotional distress or lost satisfaction due to an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have used in the same situation that led to your injury.

Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property, and the value of lost wages if an injury law firm stopped you from working or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries lead to higher general damages than those resulting from small or short-lasting injuries.

Mediation

While it is not an essential element of any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides alone. After that, you'll alternate between counteroffers and offers in order to come to a resolution.

Neither the negligent party nor the injured victim wants to go to trial Therefore, the best option is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Whether you are involved in an auto crash or a 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 will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of the courtroom, your attorney could decide that going to trial is required. This will be based on your particular circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent and, in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use 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 use evidence to argue your accusations, and also to prevent them from having to pay any money. After both sides have made their closing arguments and the jury deliberates. The verdict will be issued by a judge, or a jury during a bench trial. It will decide if the defendant was negligent or injury lawsuit not, and if so the case, what financial damages will you be awarded.