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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and compensate for the loss of income. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must undergo.

Time to File

Each state has a statute that restricts the time you have to bring a lawsuit following an accident. If you don't submit your claim within the timeframe it is nearly always dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents, witness testimony, and depositions. Depending on the nature of the case, this might take months.

A good lawyer will offer a settlement. However, your attorney cannot make a demand until after you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

You may also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or by a physician who works for the government. These are sometimes called "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in greater depth. Generally the cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. There are exceptions to the rule that could effectively pause it in certain circumstances. The discovery rule, for instance allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain circumstances like when the plaintiff is young or mentally disabled. You should consult with an experienced injury lawyer to determine the precise time limit that applies to your situation. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. These can include money for medical expenses as well as lost wages and other the costs associated with an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost satisfaction because of an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same circumstance, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or requires you to take a vacation or sick leave, are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than smaller or less-permanent injuries.

Mediation

While it's not a mandatory part of any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to find out what you're expecting and the amount you want. The mediator will then discuss the matter with both sides alone. You will then make counteroffers and exchange offers to find a solution.

The goal of mediation is to arrive at an agreement where neither the negligent party nor injured party want to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present your case to peers before the jury. The jury will be accountable to determine if the defendant was negligent and, in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

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 compensation to pay for the expenses and losses. The defense will present evidence to counter your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is given by a judge or jury in a bench trial will decide if the defendant was negligent and, in the event of negligence, what amount of financial damages are entitled to.