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 your medical bills and compensate for the loss of income. Many people are unsure about the litigation process.

This blog post will discuss five steps that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute of limitations that defines the period of time following an accident that you must start a lawsuit. If you do not file your claim within this window, it will most likely be dismissed.

When a case is filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. Based on the complexity of your case, this may take months.

A reputable lawyer will make a settlement request. Your attorney can only make this demand once you have attained the highest level of medical improvement.

If you were injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations to comply with in addition the general statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer will be able to clarify these more in detail. In general, these cases are faster to be resolved than other ones.

Statute of Limitations

It is important to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. There are some exceptions to this rule, which can effectively stop it in certain cases. For example the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

The statute of limitations can also be shortened or tolled in some cases, such as when the plaintiff is young or mentally disabled. It is best to speak with an experienced injury lawyer to determine the particular time limit that applies to your case. If you attempt to make a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to damages. These can include money for medical costs or lost wages as well as other accident-related costs. Other types of damages pay compensation to someone who suffers from emotional distress or injury lawyer loss of pleasure because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property or the cost of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. Serious injuries typically result in higher general damage awards than minor or short-lasting injuries.

Mediation

While it's not an essential element of any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then meet with both sides on their own. Then, you can make counteroffers and exchange offers in order to reach a decision.

The party who is at fault and the victim who was injured want to go to court therefore the goal is to settle through mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. 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 case. Contact us today to schedule a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injury lawsuits cases are settled outside of court, your attorney might decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers to jurors. The jury will be responsible for determining if the defendant was negligent, and if so, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, injury lawyer which is delivered by a judge or jury in a bench trial will determine if the defendant was negligent and should it be determined what amount of financial damages you should be awarded.