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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to cover medical expenses and replace lost income. Many people are unsure of the litigation process.

In this blog post, we will review five legal milestones that every personal injury claim must go through.

Time to File

Each state has its own statute of limitation that specifies the period of time following an accident when you have to start a lawsuit. If you do not file your claim in this time frame the claim is almost always dismissed.

When a case is filed, the parties start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will submit a settlement request. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government entity or a doctor working for the government, you may have additional time constraints to meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and Injury Claim are very specific to each case. Your attorney can explain these in more detail. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" starts ticking on the day that you were injured. There are a few exceptions to the rule that can effectively stop it in certain situations. For example, the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your injury claim.

The statute of limitations may also be shortened or extended in certain cases, such as when the plaintiff is younger or has a mental disability. It is best to speak with an experienced injury lawyer to determine the exact time limit that applies to your particular situation. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled damages. They could include compensation for the victim's medical costs, lost wages and injuries-related costs. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant did not act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, injury claim like the cost of repairing or replacing damaged property or lost wages when an injury legal prevents you from working or requires you to take vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries lead to higher general damage awards than smaller or less-permanent injuries.

Mediation

Although it isn't an essential element of any injury case, mediation can be used 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 questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides at a time. After that, you will be back and forth with offers and counteroffers to arrive at a settlement.

The goal of mediation is achieving an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to schedule an appointment with us for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your attorney may decide that trial is necessary. This will depend on your personal circumstances and the strength of your evidence and the insurance company of the defendant's offer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages you receive are necessary to cover your losses and expenses. The defense will use evidence to argue your claims, and stop them from having to pay you any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, handed down by the judge or jury in a bench trial will determine if the defendant was negligent, and if so, the amount of financial damages you are entitled to.