How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to cover medical expenses and make up for lost income. However, many people are unclear about how the litigation process works.

This blog post will talk about five stages that all personal injury claims have to go through.

Time to File

Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.

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

At this point, a skilled lawyer will present an agreement demand. The lawyer can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government agency or a doctor working for the government, «link» you may be subject to additional time limits to adhere to in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can explain them in more depth. In general these cases are solved more quickly than other cases.

Statute of Limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

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

In certain circumstances, the statute of limitations can be shortened or «link» even tolled. For example, if the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury attorney to determine the exact statute of limitations that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They can include money to cover medical expenses or lost wages as well as other accident-related costs. Other types of damages compensate a person who suffers from emotional distress or lost pleasure due to an accident.

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

Special damages, such as the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working, or forces you to take vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in higher general damages than minor or temporary injuries.

Mediation

While it's not an essential element of every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as 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 speak with both sides at a time. After that, you'll alternate between counteroffers and offers in order to find a solution.

The aim of mediation is achieving an agreement that neither the liable party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your 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 attorney could decide to take your case to trial in the event that your case cannot be settled outside of court. This will be based on your individual circumstances and the quality of your evidence, and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present your case to peers before jurors. The jury is responsible for determining whether 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 attorney will present evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or jury in the bench trial. It will determine if the defendant was negligent, and if they were, how much financial damages are you entitled to.