How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical bills or lost income, you can make a claim. However many people aren't sure about how the litigation process operates.

In this blog post, we'll review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident, you are required to make a claim. If you do not file your claim within this time frame, it will most likely be dismissed.

When a case is filed the parties begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Based on the complexity of your case, this may take months.

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

If you were injured by a government agency or a doctor working for the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more depth. These cases usually settle faster than other cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to tick the day after you were injured. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for instance allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitations could be reduced or extended. For example, if the plaintiff is mentally impaired or underage. You should consult with an experienced injury attorney to determine the exact statute of limitations applicable to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These could include funds to pay for the medical treatment of the victim or lost wages, as well as the costs associated with an accident. Other types of damages compensate someone who suffers from emotional distress or lost enjoyment because of an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person might have done in the same situation. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or causes you to take vacation or sick leave, are simple to determine. General damages, also known as pain and suffering are harder to quantify. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in greater general damages than small or short-lasting injuries.

Mediation

Although it isn't an essential element of any injury case it 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 neutral third party, called mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides on their own. Then, you'll alternate between counteroffers and offers until you come to a resolution.

The negligent party and the victim who was injured want to go to trial and so the aim is to settle the matter in mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in a workplace accident or an auto accident. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial in the event that your case isn't settled outside of court. This will be based on your particular circumstances and the quality of your evidence and injury Attorney the insurance company of the defendant's offer.

During the trial, your lawyer will present your case to peers to a jury. The jury will determine if the defendant was negligent and, if so the amount of compensation that should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be issued by a juror or judge during the bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages could you be awarded.