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 pay medical bills and replace lost income. Many people aren't sure about the process of filing a lawsuit.

In this blog post, injury claim we will look at five milestones in litigation that each personal injury claim has to go through.

Time to File

Every state has a law which limits the time you have to bring a lawsuit following an accident. If you don't file your claim within the period, it is almost always be dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this can take months.

At this point, a skilled lawyer will present an agreement demand. But, your lawyer is not able to issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government organization or a doctor employed by the government, injury claim you could have additional time constraints to meet in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are unique to each situation. Your lawyer can explain them in more detail. In general, these cases are solved more quickly than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many types of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. There are exceptions to the rule that can effectively stop it in certain circumstances. The discovery rule, for example, allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury claim.

In some cases the statute of limitations may be shortened or tolled. For instance, if the plaintiff is mentally handicapped or underage. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your situation. If you try to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

If a person wins an injury lawyer lawsuit is entitled to damages. This could include money to cover the cost of the medical treatment of the victim and lost wages as well as the costs related to an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or lost enjoyment due to an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to act with the level of care that an average person would have exercised in the same situation which resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

While it's not an obligatory element in any injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. You will then make counter-offers and exchange offers to find a solution.

The purpose of mediation is to reach an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is an essential step to avoid the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is required. This will be based on your individual circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a case to peers to a jury. The jury will be responsible for determining whether the defendant was negligent, and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge, or a jury at the bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.