How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical bills or lost income, you may start a lawsuit. However, many people are unclear about how the litigation process operates.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must be through.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident, injury lawsuit you are required to make a claim. If you do not file your claim in this time frame, it is almost always dismissed.

Once a case is filed, the parties will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

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

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your attorney will be able to clarify these more in detail. These cases usually settle faster than other types of cases.

Statute of Limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" starts ticking when you are injured. However there are exceptions to this rule that can effectively pause the clock in certain circumstances. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. Get an experienced injury law firm lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical care as well as lost wages and the expenses caused by an accident. Other kinds of damages compensate a person who suffers from emotional distress or loss of enjoyment in life because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have used in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave are easy to determine. General damages, also known as pain and suffering are harder to quantify. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries as opposed to minor or short-term 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. At mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides alone. Then, you can make counter-offers and exchange offers for a resolution.

The party who is at fault and the victim of injury attorney would like to go to court and so the aim is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful process of litigation. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been resolved outside of court. This will be based on your particular circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

During the trial, your lawyer will present a case of peers before jurors. The jury is responsible for determining if the defendant was negligent and if so, how much compensation you should receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and financial damages are needed to cover your expenses and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a judge, or a jury in the bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages are you entitled to.