How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to claim compensation for medical bills or lost income, you can file a lawsuit. Many people are unsure of the process of litigation.

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

Time to File

Each state has its own statute of limitations which defines the time frame after an accident to bring a lawsuit. If you do not file your claim within this window, it will most likely be dismissed.

When a case is filed and firm the parties are able to start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.

At this point, a skilled lawyer will issue an offer for settlement. But, your lawyer is not able to make a demand until you have reached the point of maximum medical improvement and are as well-as possible.

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limits that you must meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents medical malpractice claims, Firm product liability claims and wrongful deaths claims.

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

The statute of limitation can be reduced or even tolled in some cases, such as when the plaintiff is underage or is mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person wins an injury case is entitled to compensation. These could include funds to pay for the victim's medical expenses, lost wages, and the expenses caused by an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have exercised in the same situation which led to your injury.

Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property as well as the value of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not mandatory in every case of injury. However, it can be used as a way to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to determine what you are expecting and how much you'd like. The mediator will then discuss the matter with both sides on their own. You will then make counteroffers and exchange offers for a resolution.

The purpose of mediation is to arrive at an agreement where neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy 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 attorney, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case has not been resolved out of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case of peers before the jury. The jury will determine if the defendant was negligent and, if they were the amount of compensation that is due to compensate your financial losses, injuries, and expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is delivered by the judge or a jury in a bench trial will decide if the defendant was negligent and, if so, what amount of financial damages are entitled to.