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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and compensate for the loss of income. A lot of people aren't certain about the process of litigation.

In this blog post, we will discuss five litigation milestones that each personal injury claim has to be through.

Time to File

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

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

At this point, a good lawyer will submit an offer of settlement. The lawyer can only make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who works for the government. These are generally called "discovery rules" or equitable tolling and are very specific to each particular situation. Your lawyer can provide more details. These cases are usually resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of getting fair compensation, it's crucial to file a lawsuit before your state's 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 death claims.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to the rule which could effectively pause it in certain situations. For example, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury lawsuits.

The statute of limitations could be reduced or even tolled in some cases, such as when the plaintiff is young or is mentally disabled. You should consult with an experienced injury lawyer to determine the precise time limit that applies to your situation. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

A person who wins in a personal injury case is entitled to compensation. They could include compensation to cover medical expenses or lost wages as well as other incident-related expenses. Other kinds of damages are awarded to a person who has suffered emotional distress or injury lawyer loss of enjoyment because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same circumstance which led to your injury.

Special damages are generally easy to calculate, including the cost to repair or replace damaged property, and the value of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages tend to be greater for serious injuries than for short-term or minor injuries.

Mediation

Although it isn't an essential element of every injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you will make counter-offers and exchange proposals to find a solution.

The goal of mediation is achieving an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been involved in an accident at work or an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney might decide that trial is required. This will depend on your personal circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a case of peers before a jury. 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 other expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and financial damages are needed to cover your losses and expenses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be issued by a judge or jury in the bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages should you be awarded.