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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and compensate for the loss of income. However many people are confused about how the litigation process works.

In this blog post, we'll examine five key litigation milestones every personal injury legal claim must go through.

Time to File

Every state has a statute of limitations that defines the amount of time after an accident, you are required to start a lawsuit. If you don't file your claim in the timeframe, it is almost always dismissed.

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

A reputable lawyer will submit a settlement request. Your attorney can only make this demand after you have reached maximum medical improvement.

If you've been injured by a government agency or a physician working for the government, you could be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can explain them in greater detail. These cases usually settle faster than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is essential to file an injury legal lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to tick the day after the injury. There are a few exceptions to this rule, which can effectively stop it in certain cases. For instance the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations can be reduced or torpedoed. For instance, if the plaintiff is mentally disabled or is underage. You should consult with an experienced injury lawyer to determine the precise limitation period that applies to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury settlement lawsuit is entitled to damages. They can include money for the victim's medical costs loss of wages, as well as incident-related expenses. Other damages could provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have applied in the same circumstance that led to your injury attorney.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or requires you to take vacation or sick leave are simple to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages tend to be higher for severe injuries than for minor or short-term injuries.

Mediation

While it is not a mandatory part of every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like to spend. The mediator injury lawyer will then meet with both sides on their own. After that, you'll go back and forth with counteroffers and offers until you come to a resolution.

The party who is at fault and the victim of injury would like to go to court therefore the goal is to settle the matter in mediation. This is a vital step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in an accident at work or in an auto accident. Contact us today to arrange an appointment for a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that a trial is necessary. This will be based on your individual circumstances, the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your lawyer will present a defense of peers to the jury. The jury is responsible for determining if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, expenses 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 pay for your expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay you any amount. After both sides have made their closing arguments and the jury deliberates. The verdict will be given by a juror or judge in the bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages are you entitled to.