How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and compensate for the loss of income. A lot of people aren't certain about the process of filing a lawsuit.

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

Time to File

Each state has a statute that limits the time you must file a lawsuit after an accident. If you don't make a claim within this window, it will almost always be dismissed.

When a case is filed, the parties begin a process called discovery that involves exchanging information like documents, witness testimony and depositions. It could take a few months depending on the nature of the case.

A reputable lawyer will make a settlement request. However, your attorney cannot issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.

You may also be required to adhere to additional time limitations if injured by an entity of the government or a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney will be able to explain these in greater detail. Generally, these cases are solved more quickly than other cases.

Statute of limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run the day the injury. There are exceptions to this rule, which could cause it to stop in certain 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.

The statute of limitations could also be shortened or tolled in certain situations like when the plaintiff is underage or is mentally disabled. You should consult with an experienced attorney for injury to determine the exact limitation period that applies to your particular case. If you attempt to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

The person who wins a personal injury attorney case is entitled to compensation. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the expenses caused by an accident. Other types of damages compensate a person who suffers from emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your attorney will argue that defendant failed to act in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property and the amount of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ multipliers, injury such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation is not mandatory in all injury attorney cases. However it can be used to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you expect and the amount you'd like to spend. The mediator will then speak with both sides in a private setting. You will then make counteroffers and exchange offers in order to reach a decision.

The negligent party and the victim who was injured want to go to trial, so the goal is to settle in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Most injury cases settle at mediation, including those involving the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a case to peers before the jury. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to cover your financial losses, injuries, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to pay for the expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you money. After both sides have given their closing arguments and the jury deliberates. The verdict will be issued by a judge or jury during a bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages should you be awarded.