How the Injury Lawsuit Process Works

If you've been injured in an accident and need to claim compensation for medical bills or lost income, it is possible to make a claim. Many people are unsure of the process of litigation.

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

Time to File

Each state has a statute of limitation that specifies the time frame after an accident to file a lawsuit. If you do not submit your claim within this time frame it is nearly always dismissed.

Once a case is filed and the parties are able to begin a process called discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

A good lawyer will then submit a settlement request. However, your lawyer can't make this demand Injury Lawyer until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government entity or a physician working for the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. 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 many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, the statute of limitations "clock" starts ticking on the day you became injured. However, there are exceptions to this rule that can effectively stop the clock in certain situations. For example, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitation may be reduced or extended. For example when the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury lawyer to determine the precise statute of limitations applicable to your particular case. If you try to submit a claim after the deadline has passed the case could be dismissed by the court. This can have devastating effects on the victim and the family members of the victim.

Damages

A person who wins in an injury case is entitled to compensation. They can include money to cover medical expenses or lost wages as well as other accident-related costs. Other types of damages can compensate a person for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that the defendant did not behave in a way which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working, or forces you to take vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering are harder to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

While it's not required in every injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you'd like. The two parties will sit down with the mediator. You will then make counter-offers and exchange proposals to reach a resolution.

The purpose of mediation is to reach an agreement that neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step in avoiding the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in an accident at work or an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a case of peers to the jury. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will present evidence to counter your accusations and keep them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is handed down by the judge or a jury in a bench trial, will determine whether the defendant was negligent, and should it be determined what amount of financial damages should be awarded.