How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, injury lawyer you could start a lawsuit. Many people are unsure of the litigation process.

This blog post will go over five stages that all personal injury claims must be able to pass through.

Time to File

Every state has a law that limits the time you are required to bring a lawsuit following an accident. If you fail to submit your claim within this time frame the claim is almost always dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This can take a long time depending on the nature of the case.

At this point, a skilled lawyer will make an offer for settlement. The lawyer can only make this demand once you have attained the highest level of medical improvement.

If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your attorney can explain them in more depth. In general the cases are quicker to resolve than other cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to many kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to the rule which could effectively pause it in certain circumstances. The discovery rule, for example permits you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury lawyer to determine the specific statute of limitations that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences on the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to damages. They can include money for medical costs loss of wages, as well as injuries-related costs. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant failed to act in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property and the amount of lost wages if an injury prevented you from working or forced you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't mandatory in every case of injury. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. After that, you will be back and forth with offers and counteroffers to find a solution.

The goal of mediation is achieving an agreement that neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful process of litigation. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto accident or workplace injury law firm, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will present your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you will 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 present evidence to refute your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict is issued by a judge or jury during a bench trial. It will determine if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.