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 start a lawsuit. However many people are confused about how the litigation process is carried out.

In this blog post, we will discuss five litigation milestones that every personal injury lawyer claim must undergo.

Time to File

Each state has a statute that restricts the time you must bring a lawsuit following an accident. If you do not file your claim within the time frame, it will almost always be dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents, witness testimony, and depositions. This can take a long time depending on the nature of the case.

A good lawyer will then present a settlement demand. But, your lawyer is not able to make a demand until after you have reached the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government entity or a doctor working for the government, you could be subject to additional time limits that you must meet in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each specific situation. Your attorney can explain them in more depth. Generally, these cases are quicker to resolve than other cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states the statute of limitations "clock" begins to tick on the day you became injured. However, there are exceptions to this rule which could effectively pause the clock in certain circumstances. The discovery rule, injury attorney for instance allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally impaired or underage. You should consult with an experienced injury attorney to determine the particular time limit that applies to your particular situation. If you try to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They can include money for medical costs or lost wages as well as other the costs associated with an accident. Other kinds of damages compensate someone who has suffered emotional distress or lost enjoyment in life because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or forces you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. Severe injuries will generally result in higher general damages awards than minor or temporary injuries.

Mediation

Although it isn't an essential element of every injury case mediation is a method to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then talk with both sides alone. Then, you'll go back and forth with offers and counteroffers to come to a resolution.

The aim of mediation is achieving an agreement where neither the negligent party nor injured party want to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't resolved outside of court. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

Your lawyer will present your case to a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent, and should they be awarded compensation you'll receive to pay for your injuries, expenses and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that the financial damages needed cover your losses and expenses. The defense will provide evidence to argue the allegations you make and injury attorney to prevent them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a judge, or a jury at the bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages will you be awarded.