How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical expenses or lost income, you may bring a lawsuit. Many people are unsure about the process of litigation.

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

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not file your claim in this time frame, it is almost always dismissed.

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

At this point, a reputable lawyer will make an agreement demand. However, your lawyer can't make a demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more depth. Generally these cases can be faster to be resolved than other ones.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines are applicable to many different types of personal injury lawsuits cases, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

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

In some cases the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally disabled or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled to damages. They can include money for medical costs loss of wages, as well as the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have applied in the same situation which led to your injury.

Special damages are usually easy to calculate, including the cost to repair or replace damaged property, and the amount 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 more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are generally more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you expect and how much you'd like. The two sides will have a private discussion with the mediator. After that, you will alternate between counteroffers and offers in order to arrive at a settlement.

Both the party responsible for the negligence and the victim who was injured want to go to court, so the goal is to settle through mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. If you're involved in an auto accident or workplace injury lawsuits, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today for an initial consultation for free. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, the strength of your evidence and the insurance company of the defendant's offer.

Your lawyer will argue your case before a jury during the trial. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your injuries, financial losses and other expenses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries and the financial damages needed cover your losses and expenses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is issued by either the judge or injuries a jury in a bench trial will determine if the defendant was negligent, and if so, what amount of financial damages you are entitled to.