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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you may make a claim. A lot of people aren't certain about the litigation process.

In this blog post, we will review five legal milestones that each personal injury claim has to go through.

Time to File

Every state has a law which limits the time you must file a lawsuit after an accident. If you don't make a claim within this window, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. This could take several months depending on the nature of the case.

At this point, a good lawyer will issue a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government organization or a medical professional working for the government, you could have additional time constraints to 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 for each situation. Your attorney can explain them in more depth. They are usually resolved faster than other types of cases.

Statute of Limitations

It is vital to start a lawsuit for personal injury law firms before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts ticking on the day you became injured. There are some exceptions to this rule that could effectively pause it in certain circumstances. For instance the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In certain circumstances, the statute of limitations may be shortened or even tolled. For example when the plaintiff is mentally handicapped or is under the age of. It is best to speak with an experienced injury lawyer to determine the precise time limit that applies to your situation. If you try to make a claim after the time limit 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

A person who wins in an accident case is entitled to damages. This could include money to cover the cost of the medical treatment of the victim or lost wages, as well as the costs related to an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that defendant did not act in a manner that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are typically greater for serious injuries than for short-term or minor injuries.

Mediation

Although it isn't an obligatory element in every injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like to spend. The mediator injury lawyer will then speak with both sides at a time. Then, you can make counteroffers and exchange offers to reach a resolution.

Both the party responsible for the negligence and the victim who was injured want to go to trial and so the aim is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been injured in a workplace accident or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of cases of injury are settled out of court, your attorney may decide that trial is required. This will be based on your specific circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will argue your case to a jury during the trial. The jury will decide whether the defendant was negligent and, if they were, how much compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge, or a jury in the bench trial. It will determine if the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.