How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical bills or lost income, you may make a claim. However, many people are unclear about how the litigation process is conducted.

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

Time to File

Every state has a statute of limitations that defines the time period after an accident that you must start a lawsuit. If you do not file your claim in this time frame it is usually dismissed.

After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, 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. Your attorney can only make this demand after you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can explain them in greater depth. Generally these cases can be resolved more quickly than others.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a wide range of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, the statute of limitations "clock" begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain circumstances. 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 may be extended or reduced in certain circumstances like when the plaintiff is young or has a mental disability. You should consult with an experienced lawyer for injury to determine the particular limitation period that applies to your case. If you attempt to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

A person who wins in an accident case is entitled to compensation. These can include money to cover the cost of the medical treatment of the victim, lost wages, and the costs that result from an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that a reasonable person would have applied in the same situation which resulted in your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property and the cost of lost wages if an injury prevented you from working or caused 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, like a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries lead to higher general damages than those resulting from small or short-lasting injuries.

Mediation

While it is not required in every injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then speak with both sides on their own. Then, you can make counteroffers and exchange offers to reach a resolution.

The purpose of mediation is to arrive at a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful process of litigation. Even the most difficult injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial in the event that your case isn't settled out of court. This will depend on your individual circumstances, the evidence you provide and Vimeo the settlement offer made by the insurer of the defendant.

During the trial, vimeo your attorney will present your case to peers before a jury. The jury will be accountable to determine 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 make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, which is delivered by jurors or judges in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.