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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to cover medical expenses and to make up for lost income. However many people are confused about how the litigation process is conducted.

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

Time to File

Every state has a statute of limitations that defines the period of time following an accident when you have to file a lawsuit. If you do not submit your claim within this window, it will most likely be dismissed.

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

A good lawyer will then make a settlement request. However, your attorney cannot make a demand until after you are at the point of the greatest improvement in your medical condition and are as well-as possible.

If you've been injured by a government entity or a doctor injury lawyer working for the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your attorney can explain them in greater depth. In general these cases are resolved more quickly than others.

Statute of Limitations

It is vital to bring a lawsuit regarding 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 claims.

In most states, "the clock" of the statute of limitations begins to run on the day you've been injured. However there are exceptions to this rule, which can effectively pause the clock in some cases. For example the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) your injury.

The statute of limitation can be reduced or even tolled in certain cases, such as when the plaintiff is underage or has mental disabilities. You should consult with an experienced injury lawyer to determine the precise statute of limitations that applies to your particular situation. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled damages. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other types of damages can compensate the victim for the loss of enjoyment or emotional stress caused by an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant failed to behave in a way that a reasonable person would have done in the same situation. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working, or forces you to take vacation or sick leave are simple to determine. General damages, also known as pain and suffering, are harder to determine. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to result in greater general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation is not required in every case of injury. However it can be utilized to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like. The mediator will then talk with both sides alone. After that, you'll alternate between counteroffers and offers in order to come to a resolution.

The goal of mediation is to come to an agreement that neither the liable party nor injury lawyer injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving 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 best settlement for your situation. Call us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney might decide that going to trial is required. This will be based on your specific circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

Your attorney will present your case to a jury during the trial. The jury will be accountable for determining if the defendant was negligent and if so, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover these expenses and losses. The defense will provide evidence to refute your claims and stop them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge or a jury at the bench trial. It will determine whether the defendant was negligent, and if they were and the verdict is a financial one, how much will you be awarded.