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 pay your medical bills and replace lost income. However, many people are unclear about how the process is conducted.

In this blog post, we will look at five milestones in litigation that every personal injury case must be through.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident that you must make a claim. If you do not file your claim within this period, it is most likely be dismissed.

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

A good lawyer will submit a settlement request. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. These cases usually settle faster than other cases.

Statute of limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are some exceptions to this rule that could effectively pause it in certain instances. For example the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or tolled in some cases for instance, when the plaintiff is younger or has mental disabilities. You should consult with an experienced injury lawyer attorney to determine the particular time limit that applies to your case. If you attempt to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating implications on the victim as well as their family.

Damages

A person who wins in an accident case is entitled to damages. These may include money to pay for the victim's medical care, lost wages, and the expenses related to an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that defendant did not act in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury attorney prevents you from working or forces you to take a vacation or sick leave, are easy to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Mediation is not required in every case of injury. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. Then, you'll go back and forth with offers and counteroffers to reach a settlement.

The negligent party and the injured victim wants to go to court, so the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Call us today to arrange an initial consultation for free. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

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

Your attorney will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent and, if so the amount of compensation that should be paid to cover your injuries, financial losses, and expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will make use of evidence to argue your accusations, and also to prevent them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.