How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical expenses or lost income, you could file a lawsuit. However many people are confused about how the litigation process is conducted.

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

Time to File

Every state has a law that limits the time you have to file a lawsuit after an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Depending on the complexity of your case, this may take months.

At this point, a skilled lawyer will present an offer of settlement. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

If you've been injured by a government agency or a doctor working for the government, you may have additional deadlines to comply with in addition the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in greater detail. Generally these cases are resolved more quickly than others.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury claims, including car accidents and 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 on the day the injury. There are some exceptions to the rule which could cause it to stop in certain circumstances. The discovery rule, for example, allows you to file your case as soon as you notice (or injury lawyer would have discovered had you taken reasonable care) the injury.

In some instances the statute of limitations could be reduced or torpedoed. For example when the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury lawyer to determine the particular time limit that applies to your particular case. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury case is entitled to compensation. These could include funds to cover the cost of the victim's medical expenses or lost wages, as well as the costs associated with an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment in life because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are simple to determine. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages awards than minor or temporary injuries.

Mediation

While it's not an essential element of any injury case it 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 mediator.

The mediator will ask you questions to determine what you expect and the amount you'd like. The two parties will sit down with the mediator. Then, you'll be back and forth with offers and counteroffers to find a solution.

Both the party responsible for the negligence and the injured victim wants to go to trial Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the long and stressful process of litigation. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you have been involved in a workplace accident or an auto accident. Call us today to arrange a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case isn't resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

Your lawyer will argue your case to a jury during the trial. The jury will determine whether the defendant was negligent and if they were, how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be announced by a judge or a jury during a bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages are you entitled to.