How the Injury Lawsuit Process Works

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

In this blog post, we'll look at five milestones in litigation that every personal injury case must go through.

Time to File

Every state has a law that limits the amount of time you must make a claim following an accident. If you don't submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this can take months.

A good lawyer will then make a settlement request. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government entity or a doctor working for the government, you may be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can clarify these more in detail. In general, these cases are quicker to resolve than other cases.

Statute of limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" begins to tick on the day you became injured. There are a few exceptions to the rule that can effectively stop it in certain situations. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or extended in certain cases, such as when the plaintiff is younger or has mental disabilities. You should consult with an experienced injury attorney to determine the exact statute of limitations applicable to your case. If you try to submit a claim after your deadline has passed the case could be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to damages. These could include funds to pay for the medical treatment of the victim and lost wages as well as the expenses associated with an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have used in the same situation, which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or injury attorney the value lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are easy to determine. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally result in higher general damages than small or short-lasting injuries.

Mediation

Although it's not required in every injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you want. Then, both parties will sit down with the mediator. Then, you'll make counter-offers and exchange offers in order to reach a decision.

The purpose of mediation is to arrive at an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most injury attorney cases settle through mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you have been involved in an accident at work or an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your attorney will argue your case to a jury during the trial. The jury will decide if the defendant was negligent and, if so what amount of compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries, and that the financial damages you receive are necessary to compensate for injury attorney your losses and expenses. The defense will present evidence to argue your allegations and prevent them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a juror or judge during a bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages could you be awarded.