How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical expenses or lost income, you may start a lawsuit. However many people are confused about how the litigation process operates.

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

Time to File

Every state has a statute of limitations that sets the time frame after an accident when you have to make a claim. If you fail to submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. This can take a long time, depending on the complexity of the case.

A good lawyer will then present a settlement demand. Your attorney can only make this demand once you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you've been injured by an entity of the government or by a physician who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each particular situation. Your lawyer can explain them in greater depth. These cases usually settle faster than other types of cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some instances the statute of limitations may be shortened or tolled. For injury instance, if the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced injury law firms lawyer to determine the precise time limit that applies to your case. If you attempt to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. They could include compensation for medical expenses, lost wages and incident-related expenses. Other kinds of damages compensate someone who is suffering from emotional distress or lost enjoyment in life due to 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 did not act in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

While it's not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The two parties will sit down with the mediator. You will then make counter-offers and exchange offers to reach a resolution.

The goal of mediation is to reach an agreement where neither the responsible party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complex 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 most favorable settlement for your specific situation. Contact us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.

During trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will use evidence to back up your allegations, and prevent them from having to pay you any amount. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or a jury during a bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages could you be awarded.