How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical expenses or lost income, you could make a claim. Many people are unsure about the process of filing a lawsuit.

This blog post will talk about five milestones that all personal injury claims must be able to pass through.

Time to File

Each state has a statute of limitations that sets the time frame after an accident to start a lawsuit. If you don't submit your claim within this timeframe, it will most likely be dismissed.

When a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like witness statements, documents and depositions. Based on the complexity of your case, this may take months.

At this point, a reputable lawyer will issue an agreement demand. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you've been injured by a government entity or a medical professional working for the government, you may have additional time constraints to comply with in addition the standard statute of limitations. These are sometimes referred to as "discovery rules" or injury lawyer equitable tolling, and are unique to each specific situation. Your lawyer can explain them in more detail. In general the cases are resolved more quickly than others.

Statute of Limitations

It is important to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different types of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after the injury. However there are exceptions to this rule, which can effectively stop the clock in some cases. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations may be shortened or even tolled. For example when the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury lawyer to determine the particular time limit that applies to your particular situation. If you try to submit a claim after your deadline has passed your case will most likely be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. These can include money to pay for the medical treatment of the victim, lost wages, and the expenses caused by an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or forces you to take a vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries lead to higher general damages awards than small or short-lasting injuries.

Mediation

Mediation is not mandatory in every injury case. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you will offer counteroffers and exchange ideas in order to reach a decision.

The purpose of mediation is to reach an agreement in which neither the responsible party nor injured party want to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases can be settled through mediation. 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 set up a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

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

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

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is delivered by the judge or jury in a bench trial, will determine whether the defendant was negligent and, if so, the amount of financial compensation you should be awarded.