How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay for medical expenses and compensate for the loss of income. However, many people are unclear about how the litigation process operates.

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

Time to File

Each state has a statute which limits the time you must file a lawsuit after an accident. If you do not submit your claim within this time frame it is nearly always dismissed.

Once a case is filed and the parties are able to start a process called discovery that involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

A good lawyer will submit a settlement request. But, your lawyer is not able to issue a settlement demand until you have reached the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government agency or a physician working for the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in more detail. In general these cases can be quicker to resolve than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for instance, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally impaired or is under the age of. You should consult with an experienced injury lawyer to determine the specific limitation period that applies to your situation. If you try to submit a claim after the time limit has expired the case could be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

If a person wins a personal injury case is entitled to compensation. This could include money to cover the cost of the victim's medical expenses, lost wages, and the costs associated with an accident. Other types of damages compensate someone who has suffered emotional distress or loss of satisfaction because of an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have exercised in the same situation which resulted in your injury.

Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in higher general damages than minor or temporary injuries.

Mediation

Although it isn't an obligatory element in every injury case mediation is a method 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, called a mediator.

The mediator will ask you questions to determine what you are expecting and how much money you want. The mediator will then meet with both sides at a time. After that, you'll go back and forth with counteroffers and offers in order to find a solution.

Neither the negligent party nor the victim who has been injured would like to go to trial, so the goal is to settle through mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you've been in an accident at work or an auto accident. Call us today to arrange a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will be based on your particular circumstances and the strength of your evidence and the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if they were then how much compensation is due to cover your losses due to injuries, financial loss and other expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, given by a judge or jury in a bench trial, Injury Lawyer will determine if the defendant was negligent and, should it be determined what amount of financial compensation you should be awarded.