How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical expenses or lost income, it is possible to file a lawsuit. However there are many who aren't clear about how the litigation process operates.

This blog post will talk about five stages that all personal injury claims must pass through.

Time to File

Each state has a statute which limits the time you have to start a lawsuit following an accident. If you don't submit your claim within the timeframe it is nearly always dismissed.

Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this can take months.

At this point, a reputable lawyer will make an offer for settlement. Your lawyer will only be able to make this demand once you have reached maximum medical improvement.

You may also be required to adhere to additional time limits if you were injured by an entity of the government or a medical professional who is employed by the government. These are generally called "discovery rules" or equitable tolling and are unique to each specific situation. Your attorney will be able to explain these in more detail. These cases are usually resolved faster than other cases.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations starts to tick the day after the injury. There are exceptions to the rule which can effectively stop it in certain cases. For instance the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could be extended or reduced in some cases like when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the particular limitation period that applies to your case. If you try to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences on the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or loss of pleasure because of an accident.

The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have used in the same circumstance which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury lawyers stops you from working or forces you to take a vacation or sick leave are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Although it's not required in any injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. Then, you'll go back and forth with counteroffers and offers to find a solution.

The purpose of mediation is achieving an agreement that neither the negligent party nor the victim who has been injured want to go to court. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been injured in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a defense of peers before a jury. The jury will determine whether the defendant was negligent and if they were what amount of compensation is due to cover your losses due to injuries, financial loss and other expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is given by the judge or injury lawyer jury in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial damages are entitled to.