How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay for medical expenses and to make up for lost income. A lot of people aren't certain about the litigation process.

This blog post will cover five important milestones that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute of limitation that specifies the period of time following an accident, you are required to start a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This can take a long time depending on the nature of the case.

At this point, a good lawyer will issue an offer for settlement. However, your lawyer cannot make a demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

You could also be required to adhere to additional time limits if you were injured by a government entity the government or a doctor who is employed by the government. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer can explain them in greater depth. Generally the cases are quicker to resolve than other cases.

Statute of limitations

If you'd like to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to tick on the day the injury law firms. However, there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in some cases, such as when the plaintiff is underage or has mental disabilities. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who wins in an injury case is entitled to compensation. These could include funds to pay for the victim's medical treatment or lost wages, as well as the costs associated with an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of enjoyment in life because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have used in the same circumstance, which led to your injury.

Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property as well as the value of lost wages if an injury stopped you from working, or forced you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and injuries insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

Although it's not required in every injury case mediation is a method to settle a dispute without having a judge or jury decide 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 determine what you're hoping to achieve and the amount you'd like to spend. Then, the two sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers in order to come to a resolution.

The aim of mediation is achieving an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers before a jury. The jury will be responsible for determining if the defendant was negligent and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are needed to compensate for your losses and expenses. The defense will present evidence to defend themselves against your accusations and keep them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is delivered by jurors or judges in a bench trial, will decide if the defendant was negligent, and should it be determined what amount of financial damages are entitled to.