How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to recover damages for medical bills or lost income, it is possible to file a lawsuit. A lot of people aren't certain about the litigation process.

This blog post will discuss five milestones that all personal injury lawyer claims must be able to pass through.

Time to File

Every state has a law that restricts the time you are required to make a claim following an accident. If you do not file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months depending on the complexity of the case.

A reputable lawyer will offer a settlement. However, your attorney cannot issue a settlement demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or by a doctor who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can explain them in greater depth. These cases are typically resolved faster than other types of cases.

Statute of limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to run on the day you were injured. There are some exceptions to the rule that could effectively pause it in certain situations. For instance the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain situations like when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the particular limitation period that applies to your situation. If you attempt to make a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical expenses as well as lost wages and the costs caused by an accident. Other damages could provide compensation for a person's loss of enjoyment of life or injury lawyer emotional distress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not act with the level of care that an average person would have exercised in the same circumstance that led to your hiawatha injury lawsuit.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property as well as the value of lost wages if an injury stopped you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not required for every injury case. However it is often used as a way to settle a dispute and injury lawyer avoid having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. The mediator will then talk with both sides alone. Then, you can make counteroffers and exchange offers to find a solution.

The purpose of mediation is to come to an agreement where neither the liable party nor injured victim want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

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

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

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict, given by a judge or jury in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial damages you are entitled to.