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How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical bills or lost income, it is possible to bring a lawsuit. A lot of people aren't certain about the process of filing a lawsuit.

This blog post will discuss five steps that all personal injury claims have to go through.

Time to File

Each state has its own statute of limitation that specifies the period of time following an accident, you are required to file a lawsuit. If you fail to submit your claim within the timeframe, it is almost always dismissed.

Once a case is filed, the parties start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This can take a long time depending on the nature of the case.

A good lawyer will then make a settlement request. Your lawyer can only make this demand after you have reached maximum medical improvement.

If you've been injured by a government entity or a physician working for the government, you could be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are commonly called "discovery rules" or equitable tolling and are very specific to each particular situation. Your attorney can explain them in more depth. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule, which can effectively stop the clock in some cases. The discovery rule, for instance, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitations may be shortened or even tolled. For example when the plaintiff is mentally impaired or underage. You should consult with an experienced lawyer for injury lawsuits to determine the exact limitation period that applies to your particular situation. If you try to submit a claim after the deadline has passed your case will most likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

A person who wins in an accident case is entitled to compensation. These can include money to pay for the victim's medical care as well as lost wages and the costs caused by an accident. Other damages could compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have used in the same situation, which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages are typically more severe for injuries that are serious than for minor or short-term injuries.

Mediation

While it is not required in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you can make counter-offers and exchange offers to reach a resolution.

The purpose of mediation is to arrive at an agreement in which neither the negligent party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today for a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of the courtroom, your attorney could decide that trial is necessary. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

During the trial, your attorney will present a defense of peers before a jury. The jury will determine if the defendant was negligent and, if so, how much compensation is due to cover your injuries, financial losses and other expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to pay for the expenses and losses. The defense will present evidence to defend themselves against the allegations you make and firms to prevent them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, issued by either jurors or judges in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial damages you are entitled to.