How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and replace lost income. Many people are unsure of the litigation process.

This blog post will go over five steps that all personal injury claims have to go through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident to file a lawsuit. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

After a case has been filed, the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. This could take months depending on the complexity of the case.

At this point, an experienced lawyer will issue an offer for settlement. But, your lawyer is not able to issue a settlement demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

You may also have to adhere to additional deadlines if you were injured by an organization of the government or by a physician who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. Generally the cases are quicker to resolve than other cases.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may be extended or reduced in some cases in certain circumstances, for example, if the plaintiff is younger or has a mental disability. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences on the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to damages. These can include money for medical costs or lost wages as well as other injuries-related costs. Other types of damages are awarded to a person who has suffered emotional distress or loss of satisfaction due to an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same situation that led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property as well as the cost of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are usually more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Although it isn't required in any injury case it can be used to settle disputes without having a judge or jury decide the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you expect and how much you want. Then, both parties will discuss their differences with the mediator. Then, you'll make counter-offers and exchange offers to find a solution.

The purpose of mediation is achieving an agreement where neither the responsible party nor injured victim want to go to court. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case of peers before jurors. The jury will be accountable for determining whether the defendant was negligent and, in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries. They will also show that the financial damages needed compensate for your losses and expenses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or jury in the bench trial. It will determine if the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.