How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and replace lost income. However many people aren't sure about how the process is carried out.

In this blog post, we will examine five key litigation milestones every personal injury claim must go through.

Time to File

Each state has a statute which limits the time you must make a claim following an accident. If you don't file your claim within this window, it will most likely be dismissed.

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

A reputable lawyer will submit a settlement request. The lawyer can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government organization or a doctor employed by the government, you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in more detail. Generally these cases can be solved more quickly than other cases.

Statute of limitations

If you want to increase your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. 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 the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day you've been injured. However, there are exceptions to this rule that can effectively stop the clock in certain situations. For instance the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally impaired or underage. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

Anyone who prevails in a personal injury case is entitled to compensation. This could include money to cover the cost of the victim's medical expenses and lost wages as well as the costs that result from an accident. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment due to an accident.

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

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury attorney prevents you from working or Vimeo requires you to take vacation or sick leave are easy to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it's not a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. At mediation, you can discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, vimeo you'll alternate between offers and counteroffers to come to a resolution.

Neither the negligent party nor the victim who was injured want to go to trial therefore the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case has not been settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent and, if so, how much compensation should be paid to cover your financial losses, injuries, and expenses.

During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, issued by either a judge or jury in a bench trial, will determine if the defendant was negligent and, should it be determined what amount of financial damages are entitled to.