How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and make up for lost income. However, many people are unclear about how the litigation process is conducted.

In this blog post, we will review five legal milestones that every personal injury claim must undergo.

Time to File

Every state has a statute of limitations that sets the time period after an accident when you have to start a lawsuit. If you do not file your claim in this time frame the claim is almost always dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months.

A good lawyer will make a settlement request. However, your lawyer cannot make a demand until after you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government organization or a doctor employed by the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain these in more detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawyers lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

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

In some instances, the statute of limitations can be reduced or extended. For instance, if the plaintiff is mentally handicapped or is younger than. It is best to speak with an experienced injury lawyer to determine the specific limitation period that applies to your case. If you try to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim and their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to damages. This could include money to cover the cost of the medical treatment of the victim, lost wages, and the expenses that result from an accident. Other types of damages compensate a person who is suffering from emotional distress or lost enjoyment in life due to an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that defendant did not act in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are typically more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it is not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. The mediator will then discuss the matter with both sides at a time. After that, injuries you will go back and forth with counteroffers and offers until you arrive at a settlement.

The purpose of mediation is achieving an agreement in which 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. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

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

Your attorney will present your case before a jury during the trial. The jury will be responsible to determine if the defendant was negligent, and if so, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover these expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is delivered by the judge or jury in a bench trial will determine if the defendant was negligent, injuries and if so, the amount of financial damages you should be awarded.