How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay medical bills and replace lost income. However many people are confused about how the litigation process works.

In this blog post, we will look at five milestones in litigation that every personal injury claim must be able to pass through.

Time to File

Each state has a statute which limits the time you are required to start a lawsuit following an accident. If you don't file your claim in this time frame it is usually dismissed.

Once a case is filed and the parties are able to start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months depending on the complexity of the case.

At this point, a reputable lawyer will issue an offer of settlement. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government entity or a doctor working for the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in more detail. These cases are usually resolved faster than other cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many different kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. There are exceptions to this rule that could effectively pause it in certain circumstances. For example the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury lawyers.

The statute of limitations could also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is younger or has mental disabilities. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled damages. These can include money to cover medical expenses or lost wages as well as other the costs associated with an accident. Other types of damages are awarded to a person who suffers from emotional distress or loss of enjoyment in life because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that an average person would have used in the same situation, which led to your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property or the value of lost earnings if an injury prevented you from working or required you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be higher for severe injuries than for short-term or minor injuries.

Mediation

While it is not an obligatory element in every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides alone. After that, you'll be back and forth with counteroffers and offers in order to come to a resolution.

The negligent party and the victim who was injured want to go to trial Therefore, the best option is to settle in mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to schedule an appointment for a no-cost consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't resolved out of court. This will be based on your particular circumstances and the quality of your evidence and the insurance company of the defendant's offer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that financial damages are required to cover your expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a juror or judge at the bench trial. It will determine whether the defendant was negligent or if they were the case, what financial damages should you be awarded.