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 your medical bills and to make up for injury lawsuit lost income. However many people are confused about how the litigation process is conducted.

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

Time to File

Each state has a statute that limits the time you can make a claim following an accident. If you fail to 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 of discovery that involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.

At this point, a good lawyer will issue a settlement demand. However, your lawyer can't make this demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. They are usually resolved faster than other types of cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a wide range of personal injury claims such as 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 that you were injured. However, there are exceptions to this rule which could effectively stop the clock in some cases. For instance, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.

Damages

The person who wins an injury lawsuit is entitled to compensation. These can include money for the victim's medical costs as well as lost wages and other incident-related expenses. Other damages can compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that defendant failed to act in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property and the value of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally lead to higher general damage awards than smaller or less-permanent injuries.

Mediation

Mediation is not mandatory in all injury cases. However it is often used to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. After that, you'll be back and forth with counteroffers and offers to come to a resolution.

The goal of mediation is to come to an agreement in which neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful process of litigation. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to schedule a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of court, your attorney might decide that going to trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a defense of peers to the jury. The jury will be responsible for determining whether the defendant was negligent and, should they be awarded compensation you will 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 led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to back up your claims, and stop them from having to pay you any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a judge or a jury in the bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages should you be awarded.