How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you could file a lawsuit. A lot of people aren't certain about the litigation process.

This blog post will go over five important milestones that all personal injury lawyer claims must pass through.

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident to make a claim. If you fail to file your claim in the timeframe the claim is almost always dismissed.

When a case is filed the parties begin a process of discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

A reputable lawyer will make a settlement request. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can clarify these more in detail. These cases are typically resolved faster than other types of cases.

Statute of Limitations

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

In most states, "the clock" of the statute of limitations starts to run the day you have been injured. However there are exceptions to this rule that can effectively pause the clock in certain cases. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

In certain circumstances the statute of limitations can be reduced or extended. For example when the plaintiff is mentally handicapped or underage. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your situation. If you try to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to receive damages. They could include compensation for medical costs, lost wages and accident-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to behave in a way that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property as well as the amount of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as the ratio of 1.5 to 5. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

While it is not a mandatory part of any injury lawsuits case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like. The mediator will then talk with both sides on their own. You will then make counter-offers and exchange proposals to find a solution.

Neither the negligent party nor the victim who was injured want to go to trial therefore the goal is to settle the matter in mediation. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or injury lawyer Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case cannot be settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.

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

During the trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will use evidence to argue your claims, and stop them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a juror or judge in a bench trial. It will determine if the defendant was negligent or not, and if so, how much financial damages could you be awarded.