How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, it is possible to start a lawsuit. Many people aren't sure about the litigation process.

In this blog post, we'll review five legal milestones that every personal injury case must undergo.

Time to File

Each state has a statute of limitations that defines the amount of time after an accident when you have to file a lawsuit. If you do not file your claim within this timeframe, it will almost always be dismissed.

When a case is filed, the parties begin a process known as discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will then make a settlement request. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an organization of the government or by a physician who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain these in greater detail. Generally the cases are quicker to resolve than other cases.

Statute of Limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be extended or reduced in some cases in certain circumstances, for example, injury lawyer if the plaintiff is young or has mental disabilities. Get an experienced injury lawyer (read this post here) to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to compensation. They can include money for the victim's medical costs, lost wages and the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment 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 did not behave with the level of care that an average person would have applied in the same situation, which led to your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property and the amount of lost wages if an injury prevented you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. A lot of attorneys and injury lawyer insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Mediation isn't required for every injury case. However it can be utilized to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. You will then make counteroffers and exchange offers in order to reach a decision.

The aim of mediation is to arrive at an agreement in which neither the party who is at fault nor the 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 through mediation, including those involving the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

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

During the trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to compensate for your losses and expenses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, given by the judge or a jury in a bench trial will determine whether the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.