How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical bills or lost income, you could bring a lawsuit. However there are many who aren't clear about how the process operates.

In this blog post, we'll review five legal milestones that each personal injury claim has to go through.

Time to File

Every state has a law that limits the time you have to start a lawsuit following an accident. If you fail to submit your claim within this time frame it is usually dismissed.

After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this may take months.

At this point, an experienced lawyer will submit an offer of settlement. However, your attorney cannot make a demand until after you've reached the stage of maximum medical improvement and are as recovered as possible.

If you were injured by a government organization or a doctor working for the government, you could be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are generally called "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer will be able to explain these in greater detail. Generally the cases are quicker to resolve than other cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to a variety of personal Injury law Firms claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after you have been injured. There are some exceptions to the rule which can effectively stop it in certain cases. The discovery rule, for instance permits you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be extended or reduced in some cases like when the plaintiff is underage or is mentally disabled. It is best to speak with an experienced injury lawyer attorney to determine the precise limitation period that applies to your particular situation. If you try to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

A person who wins in an accident case is entitled to damages. These may include money to cover the cost of the victim's medical care or lost wages, as well as the expenses that result from an accident. Other damages could compensate the victim for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property as well as the cost of lost wages if an injury stopped you from working or caused you to use sick or vacation time. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are typically higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like. The mediator will then discuss the matter with both sides on their own. You will then make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is to come to a settlement that neither the liable party nor injured victim want to go to court. This is a vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to arrange an appointment for a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of the courtroom, your attorney could decide that a trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

Your lawyer will present your case before a jury during the trial. The jury will be responsible to determine if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, injury law firms costs and financial losses.

During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and you deserve financial damages 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 money. After both sides have made their closing arguments and the jury deliberates. The verdict, issued by either the judge or jury in a bench trial will determine whether the defendant was negligent and, in the event of negligence, what amount of financial damages you are entitled to.