How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and compensate for the loss of income. However many people are confused about how the process works.

In this blog post, we'll review five legal milestones that every personal injury case must be able to pass through.

Time to File

Each state has a statute of limitations that defines the amount of time after an accident that you must bring a lawsuit. If you fail to file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed and the parties are able to begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. This can take a long time depending on the nature of the case.

At this point, a reputable lawyer will present an offer of settlement. However, your attorney cannot make a demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government entity or a physician working for the government, you could have additional deadlines that you must meet in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer can explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. For example the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitations could be reduced or even tolled in certain circumstances for instance, when the plaintiff is young or mentally disabled. You should consult with an experienced injury attorney to determine the precise time limit that applies to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in a personal injury lawyers case is entitled to damages. They can include money for medical expenses as well as lost wages and other the costs associated with an accident. Other kinds of damages compensate a person who has suffered emotional distress or lost enjoyment because of 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 did not perform in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in greater general damage awards than minor or temporary injuries.

Mediation

Although it isn't a mandatory part of every injury case it can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you want. The mediator will then meet with both sides alone. Then, you'll offer counteroffers and exchange ideas for a resolution.

Both the party responsible for the negligence and injury lawsuit the victim who was injured want to go to trial and so the aim is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today for a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not settled out of court. This will be based on your individual circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will argue your case before a jury during the trial. The jury will be accountable to determine if the defendant was negligent and, if so, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you deserve financial damages to cover the costs and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is delivered by a judge or jury in a bench trial, will decide if the defendant was negligent and if so, injury lawsuit the amount of financial damages you are entitled to.