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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, you could bring a lawsuit. Many people aren’t sure about the process of filing a lawsuit.

In this blog post, we’ll examine five key litigation milestones every personal injury claim must undergo.

Time to File

Each state has a statute that restricts the time you have to bring a lawsuit following an accident. If you don’t make a claim within this timeframe, it will almost always be dismissed.

After a case has been filed, the parties start a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of your case, this could take months.

A good lawyer will then make a settlement request. However, your attorney cannot make a demand until after you are at the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government agency or a physician working for Vimeo the government, you could have additional time constraints to adhere to in addition to the standard statute of limitations. These are often referred to as “discovery rules” or equitable tolling and are extremely specific to each particular situation. Your lawyer can explain them in more depth. They are usually resolved quicker than other types of cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many kinds of personal rolla injury law firm cases, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states, the statute of limitations “clock” starts ticking on the day that you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for instance allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally disabled or is under the age of. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an accident case is entitled to damages. These can include money to cover the cost of the victim’s medical treatment and lost wages as well as the expenses related to an accident. Other types of damages pay compensation to someone who suffers from emotional distress or lost satisfaction due to an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property or the cost of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries than for less serious or short-term injuries.

Mediation

Although it isn’t an essential element of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you’ll be back and forth with offers and counteroffers to reach a settlement.

The aim of mediation is to reach a settlement that neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you’ve been in an accident at work or in an auto accident. Contact us today to schedule a free consultation. We’ll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case is not settled outside of court. This will be based on your individual circumstances and the quality of your evidence, and the insurance company of the defendant’s offer.

During the trial, your attorney will present a case of peers to a jury. The jury is responsible to determine if the defendant was negligent and should they be awarded compensation you’ll receive to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and you deserve financial damages to cover these expenses and losses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay you any amount. After both sides have made their closing arguments, the jury will deliberate. The verdict will be issued by a juror or judge during the bench trial. It will decide if the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.