How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to claim compensation for medical bills or lost income, you can file a lawsuit. However many people aren't sure about how the litigation process works.

In this blog post, we'll review five legal milestones that every personal injury case must go through.

Time to File

Every state has a law that limits the amount of time you can bring a lawsuit following an accident. If you don't file your claim within the time frame, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. This could take several months depending on the nature of the case.

At this point, a reputable lawyer will present a settlement demand. The lawyer can only make this demand injury lawyer after you have reached maximum medical improvement.

If you've been injured by a government entity or a medical professional working for the government, you may be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your attorney will be able to explain these in greater detail. These cases are usually resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to the rule that could effectively pause it in certain cases. The discovery rule, for instance permits you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain cases the statute of limitation may be shortened or tolled. For example, if the plaintiff is mentally disabled or underage. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations applicable to your particular case. If you attempt to make a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled damages. They can include money for medical costs as well as lost wages and other injuries-related costs. Other damages could be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your lawyer will argue that defendant failed to behave in a way that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages are usually simple to calculate, like the cost to repair or replace damaged property or the amount of lost wages if an injury kept you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. Serious injuries typically lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

While it's not required in every injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator Injury lawyer will ask you questions to determine what you're expecting and how much money you'd like to spend. The mediator will then discuss the matter with both sides at a time. Then, you'll make counteroffers and exchange offers to reach a resolution.

The purpose of mediation is to arrive at an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up an appointment for a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case is not settled outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a case to peers before jurors. The jury will determine if the defendant was negligent and if they were what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.

During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and financial damages are required to compensate for your losses and expenses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict is issued by a judge or a jury during a bench trial. It will decide if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.