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How the Injury Lawsuit Process Works

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

In this blog post, we'll discuss five litigation milestones that each personal injury claim has to undergo.

Time to File

Each state has a statute of limitations that defines the time frame after an accident when you have to bring a lawsuit. If you don't file your claim within this time frame, it will almost always be dismissed.

After a case has been filed, the parties begin a process of discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will submit an offer of settlement. Your lawyer can only make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government entity or a physician working for the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your attorney can explain them in greater detail. They are usually resolved quicker than other types of cases.

Statute of limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to run on the day the injury. There are exceptions to this rule that could effectively pause it in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or tolled in certain cases like when the plaintiff is underage or is mentally disabled. It is recommended to consult an experienced lawyer for injury to determine the precise time limit that applies to your case. If you attempt to make a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

Anyone who prevails in an injury case is entitled to compensation. These could include funds to pay for the medical treatment of the victim and injury lost wages as well as the costs that result from an accident. Other damages could compensate the victim for the loss of enjoyment or emotional distress caused by 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 perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, like the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages are generally higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not required in every case of injury. However it can be used to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you are expecting and the amount you'd like. The mediator will then discuss the matter with both sides on their own. Then, you'll exchange counteroffers and offers to arrive at a settlement.

Neither the negligent party nor the victim who has been injured would like to go to trial and so the aim is to settle through mediation. This is a vital step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

Your attorney will argue your case before a jury during the trial. The jury will decide whether the defendant was negligent and if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.

During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and losses. The defense will provide evidence to argue your claims and stop them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and, if so, what amount of financial damages you are entitled to.