How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, you can make a claim. Many people aren't sure about the litigation process.

In this blog post, we'll examine five key litigation milestones each personal injury claim has to undergo.

Time to File

Each state has a statute that limits the time you are required to start a lawsuit following an accident. If you don't file your claim in the timeframe it is nearly always dismissed.

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

A good lawyer will then make a settlement request. However, your lawyer cannot make a demand until you have reached the point of maximum medical improvement and you are as healthy as possible.

If you were injured by a government entity or a doctor working for the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. However there are exceptions to this rule that could effectively pause the clock in certain circumstances. For example the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain circumstances for instance, when the plaintiff is underage or injury lawyer mentally disabled. It is best to speak with an experienced injury lawyer to determine the exact limitation period that applies to your case. If you try to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical care, lost wages, and the costs that result from an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have exercised in the same circumstance, which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering, are harder to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Serious injuries typically result in higher general damages than minor injury lawyer or short-lasting injuries.

Mediation

Mediation isn't required for every injury case. However it is often used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, 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 at a time. Then, you'll go back and forth with offers and counteroffers to arrive at a settlement.

The purpose of mediation is to arrive at an agreement where neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Call us today to arrange an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney might decide that trial is necessary. This will be based on your individual circumstances and the quality of your evidence and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present a case of peers to the jury. The jury will decide whether the defendant was negligent, and if they were then how much compensation should be paid to cover your injuries, financial losses and other expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to cover these expenses and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge, or a jury in the bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages are you entitled to.