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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 can help you obtain damages to pay your medical bills and to make up for lost income. Many people are unsure of the process of filing a lawsuit.

In this blog post, we'll look at five milestones in litigation that every personal injury case must be able to pass through.

Time to File

Each state has a statute that limits the amount of time you have to bring a lawsuit following an accident. If you don't file your claim within this window, it will almost always be dismissed.

After a case has been filed, the parties will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this could take months.

At this point, a reputable lawyer will issue an offer of settlement. However, your lawyer cannot make this demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

If you've been injured by a government entity or a doctor employed by the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater depth. In general the cases are faster to be resolved than other ones.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply 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 statute of limitations "clock" begins to tick on the day you became injured. There are a few exceptions to this rule, which can stop it in certain instances. For instance the discovery rule permits you to file a case when you discover (or should have discovered with reasonable care) your injury.

In some cases the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury attorney to determine the specific statute of limitations applicable to your particular situation. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. These could include funds to pay for the victim's medical care or lost wages, as well as the expenses that result from an accident. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will determine the amount of damages based on the evidence presented in the 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 stops you from working or forces you to take a vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to lead to higher general damages awards than small or short-lasting injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used as a way to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask you questions to determine what you expect and how much you'd like to spend. The mediator will then talk with both sides in a private setting. You will then make counter-offers and exchange offers to find a solution.

The aim of mediation is to come to an agreement that neither the party who is at fault nor the injured victim want to go to court. This is an important step to avoid a lengthy and Injury attorney stressful litigation process. Even the most complicated injury lawsuits cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will be based on your individual circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

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

During trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and the financial damages you receive are necessary to cover your losses and expenses. The defense will provide evidence to counter your claims and stop them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict is issued by a judge or jury in a bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages could you be awarded.