How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and to make up for lost income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.

Time to File

Each state has a statute of limitations which defines the period of time following an accident that you must file a lawsuit. If you do not file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this could take months.

A good lawyer will present a settlement demand. However, your lawyer can't make a demand until you are at the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government agency or a physician working for the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to provide more details. In general these cases are faster to be resolved than other ones.

Statute of limitations

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

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. There are some exceptions to this rule, which could cause it to stop in certain cases. The discovery rule, for instance, allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitations may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced attorney for newman injury lawsuit to determine the exact statute of limitations applicable to your case. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the medical treatment of the victim, lost wages, and the costs that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of pleasure due to an accident.

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

Special damages are usually simple to calculate, such as the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and vimeo insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not mandatory in all injury cases. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you can offer counteroffers and exchange ideas to find a solution.

The goal of mediation is to come to a settlement that neither the negligent party nor injured victim would prefer to take to court. This is a crucial step in avoiding the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney might decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will be responsible to determine if the defendant was negligent, and should they be awarded compensation you are entitled to pay for your injuries, costs and Vimeo financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments, Vimeo the jury will deliberate. The verdict will be announced by a judge, or a jury at a bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages should you be awarded.