How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical bills or lost income, you can start a lawsuit. Many people are unsure about the process of litigation.

This blog post will cover five stages that all personal injury claims must go through.

Time to File

Each state has a statute of limitations that defines the time period after an accident, you are required to start a lawsuit. If you fail to file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties are able to begin a process of discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

At this point, an experienced lawyer will make a settlement demand. Your lawyer can only make this demand once you have achieved the maximum level of medical improvement.

If you were injured by a government agency or a doctor employed by the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are very specific to each case. Your lawyer can explain them in greater depth. They are usually resolved quicker than other types of cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to tick on the day you have been injured. There are some exceptions to this rule, which could cause it to stop in certain circumstances. For instance the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitation may be reduced or torpedoed. For example when the plaintiff is mentally impaired or is younger than. You should consult with an experienced injury lawyer to determine the specific statute of limitations applicable to your particular situation. If you attempt to submit a claim after the statute of limitations has expired, injury lawyer your case will likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an accident case is entitled to compensation. They may include compensation for the victim's medical costs as well as lost wages and other injuries-related costs. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property or the amount of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages than small or short-lasting injuries.

Mediation

Mediation is not required in every injury case. However it is often used to resolve a dispute and avoid having a jury or judge decide the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you're expecting and how much you'd like. The mediator will then meet with both sides at a time. After that, you will alternate between offers and counteroffers to find a solution.

The aim of mediation is achieving an agreement in which neither the negligent party nor injured party want to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to schedule a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case has not been settled outside of court. This will be based on your particular circumstances, the strength of your evidence and the insurance company of the defendant's offer.

Your attorney will present your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that is due to compensate your losses due to injuries, financial loss, and expenses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that the financial damages needed cover your losses and expenses. The defense will present evidence to counter your allegations and prevent them from owing you money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be given by a juror or judge at a bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages should you be awarded.