How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay medical bills and replace lost income. However, many people are unclear about how the litigation process is carried out.

This blog post will go over five stages that all personal injury claims have to pass through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident when you have to make a claim. If you fail to file your claim in this time frame, it is almost always dismissed.

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

A good lawyer will submit a settlement request. The lawyer can only make this demand once you have attained the highest level of medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in more detail. Generally the cases are solved more quickly than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different types of personal injury law Firms lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

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

The statute of limitations may be reduced or Injury Law Firms even tolled in some cases for instance, when the plaintiff is young or mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable 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

The person who wins a personal injury case is entitled to damages. They can include money for medical costs as well as lost wages and other the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional pain caused by 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 failed to perform in a manner that a reasonable person might have done in the same situation. This led to your injury lawyer.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

While it's not required in 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 at the mediation with a third party neutral, called mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. The mediator will then speak with both sides in a private setting. Then, you'll be back and forth with counteroffers and offers until you arrive at a settlement.

Neither the negligent party nor the victim who was injured want to go to trial, so the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury law firm cases settle through mediation, even those involving the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for a free consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your personal circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will argue your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent and if they were what amount of compensation should be awarded to cover your injuries, financial losses, and expenses.

During trial your lawyer will present evidence to show that the negligence of the defendant led to your injuries. They will also show that financial damages are needed to pay for your expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is issued by either a judge or jury in a bench trial, will determine if the defendant was negligent and, if so, the amount of financial damages should be awarded.