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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 obtain damages to pay medical bills and replace lost income. However many people are confused about how the litigation process operates.

In this blog post, we'll review five legal milestones that every personal injury attorneys lawsuit must be able to pass through.

Time to File

Each state has a statute of limitations which defines the time period after an accident when you have to start a lawsuit. If you do not make a claim within this timeframe, it will almost always be dismissed.

After a case has been filed, the parties begin a process of discovery that involves exchanging information such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

A reputable lawyer will present a settlement demand. But, your lawyer is not able to make this demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or a doctor who is employed by the government. These are often referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your attorney will be able to explain these in greater detail. Generally these cases can be faster to be resolved than other ones.

Statute of limitations

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

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. There are a few exceptions to the rule which can effectively stop it in certain cases. The discovery rule, for instance, allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain circumstances in certain circumstances, for example, if the plaintiff is underage or mentally disabled. You should consult with an experienced injury lawyer to determine the specific statute of limitations applicable to your particular case. If you attempt to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses related to an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have exercised in the same situation, which led to your injury.

Special damages are typically easy to calculate, including the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages are usually higher for severe injuries than for short-term or minor injuries.

Mediation

While it is not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you are expecting and how much you want. The mediator will then meet with both sides alone. Then, you can make counteroffers and exchange offers to find a solution.

The purpose of mediation is to arrive at an agreement in which neither the negligent party nor the victim who has been injured want to go to court. This is a vital step in avoiding the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not resolved out of court. This will be based on your particular circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and in the event of negligence, what compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and the financial damages needed compensate for your losses and expenses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury during a bench trial. It will determine whether the defendant was negligent or not, and if so and the verdict is a financial one, injury how much could you be awarded.