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The Biggest Problem With Injury Lawsuit, And What You Can Do To Fix It
How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and to make up for lost income. A lot of people aren't certain about the procedure of suing.

In this blog post, we'll 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 can start a lawsuit following an accident. If you don't submit your claim within this period, it is most likely be dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

A reputable lawyer will offer a settlement. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement.

If you were injured by a government entity or a medical professional working for the government, you could have additional deadlines to adhere to in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain these in more detail. These cases are typically resolved quicker than other types of cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many types of personal injury claims, such as 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 clock" of the statute of limitations begins to tick the day after you've been injured. However there are exceptions to this rule that could effectively pause the clock in certain cases. The discovery rule, for example allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitation may be reduced or extended. For instance, if the plaintiff is mentally impaired or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after your statute of limitations 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

If a person is awarded an injury lawsuit is entitled to receive damages. They could include compensation for the victim's medical costs or lost wages as well as other accident-related costs. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant did not perform the act with the same level of care that an average person would have exercised in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property and the value of lost wages if an injury prevented you from working or forced you to take 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 utilize a multiplier in estimating the amount of general damages, such as a factor of 1.5 to 5. General damages are generally higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it isn't an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, you can make counteroffers and exchange offers in order to reach a decision.


Both the party responsible for the negligence and the victim who was injured want to go to trial and so the aim is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up a free consultation. injury law firm detroit will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case has not been settled out of court. This will be based on your individual circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a case to peers to a jury. The jury will be accountable to determine if the defendant was negligent and, in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you money. After both sides have presented their closing arguments, the jury will deliberate. The verdict is issued by a judge or a jury in a bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.

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