How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay your medical bills and make up for lost income. Many people are unsure of the litigation process.

This blog post will discuss five milestones that all personal injury claims have to pass through.

Time to File

Every state has a law that restricts the time you can start a lawsuit following an accident. If you don't file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed and the parties are able to start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

A good lawyer will then make a settlement request. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or by a physician who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling, and injury attorney are extremely specific to each situation. Your attorney can explain them in greater detail. Generally these cases are quicker to resolve than other cases.

Statute of Limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a variety 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 most states, the statute of limitations "clock" starts to tick on the day you were injured. However, there are exceptions to this rule which could effectively stop the clock in certain circumstances. For injury attorney example the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitation can be extended or reduced in certain situations like when the plaintiff is younger or has mental disabilities. You should consult with an experienced injury attorney to determine the specific time limit that applies to your particular situation. If you try to file a claim after the time limit has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in a personal injury case is entitled to compensation. They can include money for medical costs loss of wages, as well as injuries-related costs. Other types of damages pay compensation to someone who suffers from emotional distress or lost enjoyment in life due to 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 take the proper care that reasonable people would have applied in the same circumstance that led to your injury attorney.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to result in higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it isn't required in every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you will offer counteroffers and exchange ideas to find a solution.

The goal of mediation is to arrive at an agreement where neither the negligent party nor injured party want to take to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case of peers before the jury. The jury will be responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and financial damages are needed to pay for your expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is given by jurors or judges in a bench trial, will decide if the defendant was negligent and should it be determined what amount of financial damages are entitled to.