How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and compensate for the loss of income. However many people aren't sure about how the litigation process is conducted.

In this blog post, we will review five legal milestones that each personal injury attorneys claim has to be through.

Time to File

Each state has a statute of limitations that sets the time period after an accident, you are required to file a lawsuit. If you do not make a claim within this period, it is almost always be dismissed.

When a case is filed the parties start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this could take months.

At this point, a skilled lawyer will make a settlement demand. The lawyer can only make this demand lawsuit once you have achieved your maximum medical improvement.

If you've been injured by a government entity or a doctor working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more depth. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" starts ticking on the day you became injured. There are a few exceptions to this rule, which could cause it to stop in certain instances. For instance the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) your injury.

In some instances the statute of limitation may be reduced or torpedoed. For example, if the plaintiff is mentally impaired or is under the age of. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

The person who wins an injury case is entitled to damages. They may include compensation to cover medical expenses, lost wages and injuries-related costs. Other damages can provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same circumstance, which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are easy to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't required in every injury case. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like. The mediator will then discuss the matter with both sides on their own. Then, you can make counter-offers and exchange proposals to find a solution.

The party who is at fault and the injured victim wants to go to court and so the aim is to settle through mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to set up a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case has not been settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were, how much compensation is due to compensate your financial losses, injuries, and expenses.

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 pay for your expenses and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is issued by either a judge or jury in a bench trial, will decide if the defendant was negligent and if so, what amount of financial compensation you are entitled to.