How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical expenses or lost income, it is possible to start a lawsuit. However there are many who aren't clear about how the process is conducted.

In this blog post, we will examine five key litigation milestones each personal injury claim has to go through.

Time to File

Each state has a statute that limits the time you can file a lawsuit after an accident. If you don't submit your claim within the timeframe it is nearly always dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this can take months.

At this point, an experienced lawyer will make a settlement demand. Your attorney can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government entity or a doctor employed by the government, you could have additional time constraints to adhere to in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your lawyer can explain these in greater detail. Generally the cases are resolved more quickly than others.

Statute of limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to this rule, which can effectively stop it in certain instances. The discovery rule, for example allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitation may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is younger than. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations applicable to your case. If you attempt to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins an accident case is entitled to damages. These could include funds to pay for the medical treatment of the victim or lost wages, as well as the expenses that result from an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same situation that led to your injury attorney.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property as well as the cost of lost wages if an injury kept you from working, or forced you to use sick or vacation time. General damages, also referred to as pain and suffering, are harder to determine. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However it is often used as a way to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine how much 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 counteroffers and offers in order to reach a settlement.

The party who is at fault and the injured victim wants to go to court therefore the goal is to settle in mediation. This is an important step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been involved in a workplace accident or auto accident. Contact us today for an initial consultation for free. 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 be based on your specific circumstances, the strength of your evidence and the insurance company of the defendant's offer.

Your attorney will argue your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if they were, how much compensation is due to cover your injuries, financial losses, and expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries, and that financial damages are required to cover your losses and expenses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, which is issued by either the judge or a jury in a bench trial will decide if the defendant was negligent and, Injury lawyer should it be determined what amount of financial damages you are entitled to.