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 compensate for the loss of income. Many people are unsure of the litigation process.

In this blog post, we will discuss five litigation milestones that every personal injury case must go through.

Time to File

Every state has a law that limits the time you can start a lawsuit following an accident. If you don't submit your claim within this time frame, it will almost always be dismissed.

After a case has been filed, the parties start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. This could take several months depending on the nature of the case.

At this point, a skilled lawyer will present an agreement demand. Your attorney can only make this demand after you have reached maximum medical improvement.

If you've been injured by a government organization or a physician working for the government, you could have additional deadlines to meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain these in greater detail. Generally these cases can be quicker to resolve than other cases.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to run the day you have been injured. There are exceptions to the rule that can stop it in certain situations. For example, the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could be extended or reduced in certain circumstances for instance, when the plaintiff is underage or has a mental disability. You should consult with an experienced lawyer for injury to determine the specific statute of limitations that applies to your situation. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

The person who wins an injury attorneys lawsuit is entitled to compensation. This could include money to cover the cost of the victim's medical expenses, lost wages, and the costs related to an accident. Other types of damages can compensate a person for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your lawyer will argue that defendant did not perform in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property and the value of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually greater for serious injuries than for less serious or short-term injuries.

Mediation

While it's not required in every injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you're expecting and how much you'd like. The two parties will discuss their differences with the mediator. After that, you will alternate between counteroffers and offers until you come to a resolution.

The purpose of mediation is to reach a settlement that neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complex injury cases are settled via mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

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

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be announced by a judge or a 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.