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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay for medical expenses and compensate for the loss of income. However, many people are unclear about how the process is carried out.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must go through.

Time to File

Every state has a statute of limitations which defines the time period after an accident, you are required to start a lawsuit. If you don't submit your claim within this time frame, it will most likely be dismissed.

When a case is filed, the parties start a process called discovery that involves exchanging information like documents, witness testimony and depositions. This could take several months depending on the nature of the case.

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

If you've been injured by a government organization or a doctor working for the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer will be able to clarify these more in detail. These cases are usually resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, the statute of limitations "clock" begins to tick on the day you were injured. There are a few exceptions to this rule, which can effectively stop it in certain instances. For instance the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced lawyer for injury to determine the precise statute of limitations applicable to your particular situation. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

If a person wins an injury case is entitled to compensation. These can include money for the victim's medical costs loss of wages, as well as the costs associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress resulting from 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 failed to perform the act with the same level of care that reasonable people would have used in the same situation that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes 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. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are generally higher for severe injuries than for minor or short-term injuries.

Mediation

While it's not an essential element of every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange proposals to find a solution.

The goal of mediation is achieving an agreement in which neither the party who is at fault nor the injured party want to take to court. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule an appointment for a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case is not resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a defense of peers before the jury. The jury is responsible to determine if the defendant was negligent and should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments the jury will then deliberate. The verdict will be issued by a judge or jury at a bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages should you be awarded.