How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay medical bills and replace lost income. However, many people are unclear about how the process is conducted.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must be through.

Time to File

Each state has a statute of limitations which defines the time frame after an accident when you have to bring a lawsuit. If you don't file your claim within the period, it is almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months.

At this point, a reputable lawyer will make a settlement demand. However, your attorney cannot make a demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.

You may also be required to adhere to additional time limits if you were injured by an entity belonging to the government or a medical professional who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to clarify these more in detail. In general these cases can be resolved more quickly than others.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to many different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states, the statute of limitations "clock" starts ticking on the day you were injured. There are some exceptions to the rule that can stop it in certain instances. The discovery rule, for instance, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury law firm.

The statute of limitations may be reduced or even tolled in certain circumstances for instance, when the plaintiff is young or is mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. They could include compensation to cover medical expenses, lost wages and injuries-related costs. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of enjoyment in life due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant did not act in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

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

Mediation

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

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then speak with both sides on their own. Then, you'll be back and forth with counteroffers and offers until you find a solution.

The goal of mediation is to reach a settlement that neither the party who is at fault nor the injured victim want to go to court. This is an important 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 have been involved in a workplace accident or auto accident. Call us today to arrange a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if so the amount of compensation that should be paid to cover your financial losses, injuries and other expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and you deserve financial damages to pay for the expenses and losses. The defense will present evidence to argue your claims and stop them from owing you money. After both sides have given their closing arguments, the jury will deliberate. The verdict, delivered by the judge or a jury in a bench trial, will decide if the defendant was negligent, and if so, what amount of financial compensation you are entitled to.