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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury attorney lawsuit can help you obtain damages to pay for medical expenses and compensate for the loss of income. Many people aren't sure about the process of litigation.

In this blog post, we'll review five legal milestones that every personal injury case must go through.

Time to File

Every state has a statute of limitations which defines the time period after an accident when you have to start a lawsuit. If you do not file your claim in the timeframe it is nearly always dismissed.

Once a case is filed the parties begin a process called discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

At this point, an experienced lawyer will make an offer of settlement. Your attorney can only make this demand once you have reached maximum medical improvement.

If you were injured by a government organization or a physician working for the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater depth. Generally these cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, the statute of limitations "clock" begins to tick on the day you were injured. There are a few exceptions to the rule that could effectively pause it in certain situations. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitation may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is younger than. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

If a person wins an accident case is entitled to damages. These may include money to pay for the victim's medical treatment as well as lost wages and the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same situation, which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave, are easy to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it's not required in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you expect and how much you want. The mediator will then meet with both sides in a private setting. After that, you will exchange offers and counteroffers to come to a resolution.

The goal of mediation is to arrive at an agreement in which neither the negligent party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful process of litigation. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been involved in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of the courtroom, your attorney could decide that trial is necessary. 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 jurors. The jury will determine whether the defendant was negligent, and if they were then how much compensation is due to cover your injuries, financial losses, and expenses.

During trial your lawyer will present evidence to show that the negligence of the defendant led to your injuries and the financial damages needed cover your expenses and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or jury during the bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages will you be awarded.