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 medical bills and replace lost income. However many people are confused about how the litigation process is conducted.

In this blog post, we will examine five key litigation milestones every personal injury case must go through.

Time to File

Every state has a statute of limitations that sets the time period after an accident, you are required to make a claim. If you fail to file your claim in the timeframe it is nearly always dismissed.

After a case has been filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this can take months.

A good lawyer will offer a settlement. But, your lawyer is not able to make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government organization or a doctor employed by the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to explain these in more detail. These cases are usually resolved faster than other cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a wide range of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. However there are exceptions to this rule, which can effectively pause the clock in certain cases. For injuries instance the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is younger than. You should consult with an experienced attorney for injury to determine the specific statute of limitations that applies to your situation. If you attempt to submit a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

If a person wins an injury lawsuit is entitled damages. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

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

Special damages, injuries such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages awards than minor or temporary 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 the mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you expect and how much you'd like to spend. The mediator will then speak with both sides at a time. Then, you'll alternate between counteroffers and offers in order to find a solution.

Both the party responsible for the negligence and the injured victim wants to go to trial therefore the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury lawyers cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your attorney might decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your attorney will present your case before a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict, which is issued by either a judge or jury in a bench trial will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.