How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and replace lost income. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will review five legal milestones that every personal injury lawsuit must be through.

Time to File

Every state has a law which limits the time you must file a lawsuit after an accident. If you don't submit your claim within this time frame it is usually dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of the case, this might take months.

A good lawyer will then submit a settlement request. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are very specific to each particular situation. Your attorney will be able to explain these in greater detail. These cases are typically resolved faster than other types of cases.

Statute of limitations

If you'd like to maximize your chances of obtaining 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 different types of personal injury claims, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick when you are injured. There are a few exceptions to this rule, which could cause it to stop in certain cases. For example the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your iowa injury lawsuit (vimeo.com).

In certain cases, the statute of limitations can be shortened or even tolled. For example when the plaintiff is mentally handicapped or is underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to file a claim after the time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

The person who wins an injury case is entitled to compensation. These can include money to pay for the victim's medical care as well as lost wages and the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have exercised in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property or the cost of lost wages if an injury prevented you from working or required you to take time off or sick. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like to spend. The mediator will then meet with both sides on their own. Then, you'll offer counteroffers and exchange ideas for a resolution.

The aim of mediation is to come to a settlement that neither the liable party nor injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto accident or a workplace poway injury attorney, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to set up an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of the courtroom, your attorney could decide that a trial is required. This will be based on your particular circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

Your attorney will present your case before a jury during the trial. The jury is responsible for determining if the defendant was negligent and, if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a judge or jury in a bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.