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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and to make up for lost income. However, many people are unclear about how the process is conducted.

This blog post will talk about five important milestones that all personal injury claims have to pass through.

Time to File

Each state has a statute of limitations which defines the amount of time after an accident that you must start a lawsuit. If you fail to submit your claim within the timeframe it is nearly always dismissed.

After a case has been filed, the parties begin a process called discovery. It involves exchanging documents like documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.

A good lawyer will then submit a settlement request. But, your lawyer is not able to make this demand until you've reached the point of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government organization or a doctor employed by the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are often called "discovery rules" or equitable tolling and are very specific to each particular situation. Your lawyer can explain them in greater detail. These cases are typically resolved faster than other cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different types of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally impaired or is younger than. It is best to speak with an experienced attorney for injury to determine the exact limitation period that applies to your situation. If you try to submit a claim after your deadline has passed your case will most likely be dismissed by the court. This can have devastating consequences on the victim and their family.

Damages

The person who wins an injury lawsuit is entitled to damages. These can include money to pay for the victim's medical expenses as well as lost wages and the costs caused by an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have applied in the same circumstance that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or forces you to take a vacation or sick leave are simple to determine. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor injury lawsuit to calculate general damages. The most severe injuries are likely to result in greater general damages than small or short-lasting injuries.

Mediation

Although it isn't a mandatory part of every injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The two sides will have a private discussion with the mediator. Then, you can make counteroffers and exchange offers to reach a resolution.

The purpose of mediation is to come to an agreement that neither the responsible party nor injured victim want to go to court. This is an important step to avoid a lengthy and stressful process of litigation. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury lawsuits, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial in the event that your case isn't resolved outside of court. This will be based on your specific circumstances and 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 jurors. The jury is responsible for determining whether the defendant was negligent and, in the event that they were, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries, and that the financial damages you receive are necessary to cover your expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay any money. After both sides have given their closing arguments the jury will then deliberate. The verdict will be issued by a judge, or a jury in the bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages should you be awarded.