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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay your medical bills and compensate for the loss of income. However many people aren't sure about how the process operates.

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

Time to File

Every state has a statute of limitations that sets the time frame after an accident when you have to start a lawsuit. If you do not submit your claim within this time frame, it will most likely be dismissed.

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

At this point, an experienced lawyer will submit an offer of settlement. But, your lawyer is not able to make this demand until you have reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more detail. In general these cases are quicker to resolve than other cases.

Statute of Limitations

It is vital to make a claim for personal injury attorney before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after you've been injured. However, there are exceptions to this rule that could effectively pause the clock in certain situations. For instance the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitation can be extended or reduced in some cases, such as when the plaintiff is younger or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an accident case is entitled to damages. They could include compensation for medical costs as well as lost wages and other incident-related expenses. Other types of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have applied in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property, and the cost of lost earnings if an injury prevented you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. General damages tend to be greater for serious injuries than for minor or short-term injuries.

Mediation

Although it isn't a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you expect and how much you want. Then, the two sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is to come to an agreement where neither the responsible party nor injured victim want to go to court. This is an important step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case has not been settled outside of court. This will be based on your individual circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will present your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent, and in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge or a jury during a bench trial. It will determine if the defendant was negligent and, if they were the case, what financial damages are you entitled to.