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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to cover medical expenses and replace lost income. However many people aren't sure about how the process works.

This blog post will go over five important milestones that all personal injury claims must be able to pass through.

Time to File

Each state has a statute of limitations which defines the time period after an accident when you have to make a claim. If you don't submit your claim within the timeframe it is nearly always dismissed.

After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

A good lawyer will offer a settlement. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement.

If you were injured by a government entity or a doctor employed by the government, you could have additional deadlines that you must meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in more detail. Generally these cases are resolved more quickly than others.

Statute of limitations

If you wish to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury attorneys.

In certain circumstances the statute of limitations can be shortened or tolled. For instance when the plaintiff is mentally handicapped or is underage. You should consult with an experienced lawyer for injury to determine the precise time limit that applies to your particular case. If you try to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. This could include money to cover the cost of the medical treatment of the victim as well as lost wages and the expenses associated with an accident. Other kinds of damages could compensate a person for the loss of enjoyment or emotional distress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same circumstance which resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working, or forces you to take vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it's not a mandatory part of every injury lawyers case it can be used to settle disputes without having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then meet with both sides in a private setting. Then, you will offer counteroffers and exchange ideas to reach a resolution.

The party who is at fault and the victim who has been injured would like to go to trial, so the goal is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or injuries workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial in the event that your case cannot be resolved out of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury is responsible for determining if the defendant was negligent and, if so, how much compensation you will receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that the financial damages needed cover your losses and expenses. The defense will provide evidence to refute your claims and stop them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or jury at the bench trial. It will decide whether the defendant was negligent or not, and if so and the verdict is a financial one, how much are you entitled to.