How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical bills or lost income, it is possible to file a lawsuit. However, many people are unclear about how the litigation process is conducted.

In this blog post, we'll review five legal milestones that every personal injury case must go through.

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident to file a lawsuit. If you do not file your claim in the timeframe it is nearly always dismissed.

When a case is filed and the parties are able to begin a process of discovery. This involves exchanging information like documents, witness testimony and depositions. This could take several months, depending on the complexity of the case.

At this point, a good lawyer will present a settlement demand. However, your lawyer can't issue a settlement demand until you've reached the point of maximum medical improvement and are as well-as possible.

If you've been injured by a government organization or a doctor working for the government, you may be subject to additional time limits that you must meet in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are unique to each case. Your attorney will be able to explain these in more detail. They are usually resolved faster than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

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

In some cases the statute of limitations could be reduced or extended. For example, if the plaintiff is mentally impaired or is under the age of. It is recommended to consult an experienced injury law firm attorney to determine the precise time limit that applies to your particular situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled to receive damages. They may include compensation for injury lawsuit medical costs as well as lost wages and other incident-related expenses. Other kinds of damages are awarded to a person who suffers from emotional distress or lost enjoyment due to an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have applied in the same circumstance which led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property or the amount of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

Mediation is not required for every injury case. However, it can be used to resolve a dispute without having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides at a time. Then, you'll alternate between counteroffers and offers to arrive at a settlement.

The party who is at fault and the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to schedule an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your attorney will present your case to peers to the jury. The jury is responsible for determining if the defendant was negligent and, should they be awarded compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that the financial damages needed pay for your expenses and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge at a bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages are you entitled to.