How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical expenses or lost income, you can bring a lawsuit. A lot of people aren't certain about the procedure of suing.

In this blog post, we will examine five key litigation milestones every personal injury lawyers lawsuit must be able to pass through.

Time to File

Each state has a statute of limitations which defines the time frame after an accident to bring a lawsuit. If you don't file your claim within this timeframe, it will almost always be dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the complexity of your case, this can take months.

At this point, a good lawyer will make an agreement demand. However, your lawyer can't issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

You could also be required to adhere to additional time limits if you were injured by an organization of the government or by a physician who is employed by the government. 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 greater depth. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

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

In most states the statute of limitations "clock" begins to tick on the day you were injured. There are some exceptions to the rule that could cause it to stop in certain circumstances. For example the discovery rule allows you to file a lawsuit in the event that you discover (or injury lawyer should have discovered with reasonable care) the injury.

In some instances the statute of limitations may be shortened or tolled. For instance, injury lawyer if the plaintiff is mentally impaired or is underage. It is best to speak with an experienced injury lawyer to determine the particular statute of limitations that applies to your particular situation. If you try to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.

Damages

A person who wins in an injury lawsuit is entitled to compensation. They can include money for medical costs as well as lost wages and other the costs associated with an accident. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment in life due to an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have exercised in the same circumstance, which led to your injury.

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property as well as the value of lost wages if an injury stopped you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like an amount of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages awards than small or short-lasting injuries.

Mediation

Mediation is not required in all injury cases. However it can be used as a way to resolve a dispute without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you are expecting and how much you want. Then, the two sides will have a private discussion with the mediator. After that, you'll go back and forth with counteroffers and offers in order to arrive at a settlement.

The purpose of mediation is to come to an agreement where neither the negligent party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to arrange an appointment for a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your lawyer may decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will argue your case to a jury during the trial. The jury will be responsible for determining whether the defendant was negligent and, if so, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or a jury at a bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages should you be awarded.