How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical expenses or lost income, you may file a lawsuit. Many people aren't sure about the process of litigation.

In this blog post, we'll review five legal milestones that every personal injury case must undergo.

Time to File

Each state has its own statute of limitations that sets the time frame after an accident, you are required to make a claim. If you do not file your claim in this time frame, it is almost always dismissed.

When a case is filed the parties start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the nature of your case, this can take months.

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

If you were injured by a government entity or a doctor working for the government, you may be subject to additional time limits to comply with in addition 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 them in more detail. In general these cases are faster to be resolved than other ones.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" starts ticking when you are injured. There are exceptions to this rule that could cause it to stop 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 may be reduced or torpedoed. For example, if the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury lawyer to determine the precise statute of limitations applicable to your situation. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical treatment, lost wages, and the expenses caused by an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property or the cost of lost wages if an injury lawsuits stopped you from working, or forced you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, injury lawyer for instance, an amount of 1.5 to 5. Severe injuries will generally result in higher general damages awards than minor or short-lasting injuries.

Mediation

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

The mediator will ask you questions to determine what you are expecting and how much you want. Then, both parties will discuss their differences with the mediator. Then, you will make counteroffers and exchange offers to find a solution.

Both the party responsible for the negligence and the victim of injury would like to go to court therefore the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney may decide that trial is required. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will argue your case to a jury during the trial. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to cover your injuries, financial losses and other expenses.

During trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries and financial damages are needed to cover your expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict is issued by a judge, or a jury in a bench trial. It will decide if the defendant was negligent or if they were, how much financial damages will you be awarded.