How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay your medical bills and to make up for lost income. However many people are confused about how the litigation process is carried out.

This blog post will cover five steps that all personal injury claims have to go through.

Time to File

Each state has a statute of limitations which defines the time frame after an accident that you must file a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this can take months.

At this point, an experienced lawyer will issue an offer of settlement. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity of the government or a medical professional who works for the government. These are often referred to as "discovery rules" or equitable tolling and are specific to each specific situation. Your lawyer can explain them in greater detail. These cases are typically resolved faster than other types of cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to a wide range of personal injury law firm claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. However there are exceptions to this rule that can effectively stop the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitation may be reduced or torpedoed. For example when the plaintiff is mentally handicapped or underage. You should consult with an experienced attorney for injury to determine the particular time limit that applies to your particular case. If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They may include compensation for medical costs or lawyers lost wages as well as other incident-related expenses. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of enjoyment in life because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have exercised in the same situation, which led to your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property, and the cost of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages are usually more severe for injuries that are serious than for short-term or minor injuries.

Mediation

While it is not an essential element of any injury case it can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides on their own. After that, you will go back and forth with counteroffers and offers in order to find a solution.

The purpose of mediation is to arrive at an agreement where neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case is not settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a defense of peers to jurors. The jury will be responsible for determining whether the defendant was negligent and, in the event of negligence, what compensation you will receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries, and that financial damages are required to cover your expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict, which is issued by either a judge or jury in a bench trial will determine whether the defendant was negligent and in the event of negligence, what amount of financial compensation you should be awarded.