How the Injury Lawsuit Process Works

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

This blog post will go over five steps 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, you are required to make a claim. If you do not submit your claim within this time frame it is nearly always dismissed.

When a case is filed and the parties are able to begin a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the complexity of the case, this might take months.

At this point, an experienced lawyer will issue a settlement demand. The lawyer can only make this demand once 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 could have additional time constraints to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in greater detail. They are usually resolved quicker than other types of cases.

Statute of limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of 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 starts to tick the day after you were injured. However there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for example allows you to start 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 shortened or even tolled. For example when the plaintiff is mentally impaired or is underage. It is recommended to consult an experienced injury attorney to determine the precise limitation period that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to damages. They could include compensation for medical expenses or lost wages as well as other incident-related expenses. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that defendant failed to behave in a way that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or caused you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. Severe injuries will generally result in higher general damages than smaller or less-permanent injuries.

Mediation

Although it's not an essential element of any injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. Then, you can offer counteroffers and exchange ideas to reach a resolution.

The goal of mediation is to come to a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been injured in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of court, your attorney may decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your attorney will present your case to a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent, and in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover the costs and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict is issued by a juror or judge during a bench trial. It will determine whether the defendant was negligent and, Injury Attorney if they were in fact negligent, what amount of financial damages should you be awarded.