How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical expenses or lost income, it is possible to make a claim. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will review five legal milestones that every personal injury lawsuit must be through.

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident that you must make a claim. If you do not file your claim within the time frame, it will most likely be dismissed.

Once a case is filed and the parties are able to begin a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. This could take several months, depending on the complexity of the case.

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

If you were injured by a government agency or a doctor working for the government, you could be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are unique to each particular situation. Your attorney can explain them in greater depth. In general, these cases are quicker to resolve than other cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury claims such as car accidents and injury attorney medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations begins to tick on the day the injury. There are some exceptions to the rule which can stop it in certain situations. The discovery rule, for example allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may also be shortened or extended in certain circumstances for instance, when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury attorney to determine the particular statute of limitations applicable to your situation. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. They may include compensation for medical expenses as well as lost wages and other accident-related costs. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional pain 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 act with the level of care that an average person would have used in the same circumstance which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or requires you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages tend to be higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation is not mandatory for every injury case. However it is often used to resolve a dispute without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. After that, you'll exchange counteroffers and offers until you arrive at a settlement.

The purpose of mediation is to come to an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case has not been settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a defense of peers to the jury. The jury will determine whether the defendant was negligent, and if they were what amount of compensation is due to cover your injuries, financial losses, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, which is handed down by the judge or jury in a bench trial will decide if the defendant was negligent and in the event of negligence, what amount of financial compensation you are entitled to.