How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to cover medical expenses and replace lost income. However, many people are unclear about how the process works.

This blog post will talk about five important milestones that all personal injury claims have to pass through.

Time to File

Each state has a statute that restricts the time you have to make a claim following an accident. If you do not submit your claim within this time frame it is usually dismissed.

After a case has been filed the parties begin a process of discovery. It involves exchanging documents like witness statements, documents and depositions. Based on the complexity of your case, this could take months.

A good lawyer will then offer a settlement. Your lawyer can only make this demand once you have reached maximum medical improvement.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or injury lawyer by a physician who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater detail. Generally these cases can be quicker to resolve than other cases.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to many different types of personal injury claims, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run the day you have been injured. There are a few exceptions to the rule that can stop it in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. You should consult with an experienced injury lawyer to determine the exact limitation period that applies to your particular case. If you try to file a claim after the time limit has expired your case is likely to 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 compensation. These can include money to cover medical expenses or lost wages as well as other the costs associated with an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same situation, which led to your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property or the value of lost wages if an injury stopped you from working or forced you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and injury lawyer insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Although it isn't a mandatory part of any injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much you'd like to spend. The mediator will then speak with both sides on their own. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.

Neither the negligent party nor the victim who was injured want to go to court therefore the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury lawsuits, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to arrange an appointment for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney may decide that trial is required. This will be based on your particular circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will present your case before a jury during the trial. The jury will determine whether the defendant was negligent and if they were then how much compensation should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are required to compensate for your losses and expenses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a juror or judge during a bench trial. It will determine if the defendant was negligent, and if they were, how much financial damages are you entitled to.