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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical bills or lost income, you could start a lawsuit. However many people are confused about how the litigation process is carried out.

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

Time to File

Each state has its own statute of limitations that defines the period of time following an accident that you must bring a lawsuit. If you do not make a claim within this timeframe, it will most likely be dismissed.

After a case has been filed the parties begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

At this point, a reputable lawyer will make an agreement demand. But, your lawyer is not able to make this demand until you've reached the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government agency or a doctor working for the government, you may be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are very specific to each situation. Your lawyer can explain them in more depth. Generally, these cases are faster to be resolved than other ones.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury law firm cases, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to this rule that can effectively stop it in certain circumstances. For instance, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitation may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is underage. It is recommended to consult an experienced injury attorney to determine the exact limitation period that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled damages. These may include money to pay for the victim's medical treatment, lost wages, and the expenses related to an accident. Other types of damages compensate someone who is suffering from emotional distress or lost pleasure because of an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person might have done in the same situation. This resulted in your injury attorneys.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working, or forces you to take vacation or sick leave are simple to determine. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a multiplier of 1.5 to 5. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Although it isn't a mandatory part of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on 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're hoping to achieve and the amount of money you want. Then, the two sides will talk alone with the mediator. Then, you will offer counteroffers and exchange ideas in order to reach a decision.

The negligent party and the victim who has been injured would like to go to trial, so the goal is to settle the matter in mediation. This is an important step in avoiding the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Call us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your attorney may decide that going to trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer made by the defendant's insurer.

Your attorney will argue your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if so then how much compensation should be paid to cover your financial losses, injuries, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you money. After both sides have made their closing arguments, the jury will deliberate. The verdict will be given by a juror or judge at the bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages will you be awarded.