How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical bills or lost income, you may make a claim. Many people aren't sure about the process of filing a lawsuit.

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

Time to File

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

After a case has been filed, the parties begin a process known as discovery, which involves exchanging information like witness statements, documents and depositions. This could take months depending on the complexity of the case.

A reputable lawyer will submit a settlement request. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government entity or a doctor injury lawyer working for the government, you may have additional time constraints to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved faster than other types of cases.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different types of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations begins to tick the day after you were injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations may be reduced or torpedoed. For example, if the plaintiff is mentally disabled or underage. You should consult with an experienced injury lawyer to determine the exact statute of limitations that applies to your case. If you attempt to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. These can include money 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 could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable person would have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, like the cost to repair or replace damaged property as well as the amount of lost wages if an injury attorneys kept you from working, or forced you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it isn't an essential element of every injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask you questions to determine what you expect and the amount you'd like to spend. Then, the two sides will talk alone with the mediator. Then, you'll go back and forth with counteroffers and offers to come to a resolution.

Neither the negligent party nor the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you've been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

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

During trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge or a jury at the bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages are you entitled to.