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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and to make up for lost income. However there are many who aren't clear about how the litigation process works.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must undergo.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident, you are required to start a lawsuit. If you do not make a claim within this period, it is most likely be dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this can take months.

At this point, a reputable lawyer will issue an agreement demand. However, your attorney cannot make a demand until after you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you've been injured by a government entity or a doctor employed by the government, you could be subject to additional time limits that you must meet in addition to the general statute of limitations. These are sometimes 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. These cases usually settle faster than other cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after you have been injured. There are a few exceptions to this rule, which could cause it to stop in certain situations. The discovery rule, for instance allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is young or has a mental disability. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences on the victim as well as his or her family.

Damages

A person who wins in an injury lawsuit is entitled to compensation. These could include funds to pay for the victim's medical treatment and lost wages as well as the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, such as a multiplier of 1.5 to 5. General damages are usually higher for severe injuries as opposed to minor or short-term injuries.

Mediation

While it is not an obligatory element in every injury case mediation is a method 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 mediator.

The mediator will ask you questions to determine what you are expecting and how much you want. Then, the two parties will discuss their differences with the mediator. After that, you will exchange counteroffers and offers in order to reach a settlement.

Neither the negligent party nor the victim who was injured want to go to court therefore the goal is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Call us today to arrange an initial consultation for free. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of the courtroom, your attorney could decide that a trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

Your lawyer will present your case before a jury during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event that they were, how much 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 that financial damages are needed to cover your expenses and losses. The defense will present evidence to counter your accusations and keep them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a judge or jury in a bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.