How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, you can file a lawsuit. Many people are unsure of the litigation process.

This blog post will go over five important milestones that all personal injury claims have to be able to pass through.

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident that you must file a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.

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

At this point, a skilled lawyer will make an offer of settlement. However, your lawyer can't issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

You may also be required to adhere to additional time limitations if injured by a government entity the government or a medical professional who is employed by the government. These are commonly called "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer can clarify these more in detail. Generally, these cases are resolved more quickly than others.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury lawyer claims which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states the statute of limitations "clock" starts ticking on the day that you were injured. There are some exceptions to the rule that could effectively pause it in certain circumstances. For instance the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally disabled or is younger than. It is best to speak with an experienced injury lawyer to determine the precise statute of limitations that applies to your particular situation. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. These could include funds to cover the cost of the medical treatment of the victim or lost wages, as well as the expenses that result from an accident. Other damages could compensate a person for the loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same circumstance which led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property as well as the cost of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. General damages are usually higher for severe injuries than for less serious or short-term injuries.

Mediation

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

The mediator will ask you questions to determine what you expect and how much you want. The two parties will sit down with the mediator. Then, you can make counter-offers and exchange offers in order to reach a decision.

The negligent party and the victim who has been injured would like to go to trial therefore the goal is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a case to peers to a jury. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you will receive to pay for Injury Lawyer your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries, and that financial damages are required to cover your losses and expenses. The defense will present evidence to refute your claims and stop them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a juror or judge in a bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.