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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay medical bills and make up for lost income. However many people are confused about how the process operates.

In this blog post, we will discuss five litigation milestones that each personal injury claim has to be able to pass through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident when you have to start a lawsuit. If you don't file your claim within this time frame, it will almost always be dismissed.

Once a case is filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this could take months.

A good lawyer will then present a settlement demand. However, your attorney cannot make a demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government entity or a physician working for the government, you could be subject to additional time limits to meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and injury attorney are very specific for each situation. Your lawyer can explain them in more detail. These cases are usually resolved faster 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 ends. These deadlines are applicable to many different kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule that can effectively pause the clock in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations could be shortened or even tolled. For example, if the plaintiff is mentally impaired or is underage. It is recommended to consult an experienced injury attorney to determine the particular time limit that applies to your case. If you try to file a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

A person who wins in an accident case is entitled to compensation. This could include money to pay for the medical treatment of the victim and lost wages as well as the costs related to an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or lost pleasure due to an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to behave in a way that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working or caused you to be absent or take vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Serious injuries typically lead to higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Mediation isn't required in all injury cases. However it can be used as a way to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then meet with both sides at a time. After that, you'll go back and forth with offers and counteroffers to arrive at a settlement.

The goal of mediation is to arrive at an agreement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to arrange an appointment for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

Your lawyer will present what is known as your case before a jury during the trial. The jury will decide whether the defendant was negligent and if they were then how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a judge or jury in the bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages will you be awarded.