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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to cover medical expenses and replace lost income. Many people are unsure about the process of litigation.

In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be through.

Time to File

Each state has a statute of limitations that sets the time frame after an accident to bring a lawsuit. If you fail to submit your claim within the timeframe it is nearly always dismissed.

After a case has been filed, the parties begin a process of discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.

A reputable lawyer will make a settlement request. Your attorney can only make this demand after you have reached maximum medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a physician who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in more detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule, which can effectively stop the clock in certain cases. The discovery rule, for example, allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitations may be shortened or tolled. For example when the plaintiff is mentally disabled or is younger than. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person wins a personal injury case is entitled to compensation. These may include money to pay for the victim's medical expenses or lost wages, as well as the expenses related to an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person would have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property, and the value of lost wages if an injury stopped you from working or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Although it isn't required in any injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you expect and how much you'd like to spend. The two sides will have a private discussion with the mediator. After that, you'll exchange counteroffers and offers to arrive at a settlement.

injury attorney oklahoma of mediation is achieving a settlement that neither the liable party nor injured party want to take to court. This is a vital step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that a trial is required. This will be based on your individual circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

Your lawyer will argue your case to a jury during the trial. The jury will decide whether the defendant was negligent and if they were then how much compensation is due to cover your losses due to injuries, financial loss and other expenses.





During trial your lawyer will use evidence to show that the negligence of the defendant led to your injuries, and that the financial damages needed cover your losses and expenses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any money. The jury will 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 decide if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.