How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to cover medical expenses and injuries compensate for the loss of income. However there are many who aren't clear about how the litigation process is conducted.

In this blog post, we will discuss five litigation milestones that every personal injury lawsuit must be able to pass through.

Time to File

Every state has a law that restricts the time you are required to start a lawsuit following an accident. If you do not submit your claim within this time frame, it will almost always be dismissed.

When a case is filed and the parties are able to start a process called discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this could take months.

At this point, an experienced lawyer will issue an offer for settlement. However, your attorney cannot make a demand until you are at the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government organization or a doctor working for the government, you may 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 specific to each case. Your lawyer can explain them in more detail. In general these cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states the statute of limitations "clock" begins to tick on the day you became injured. However there are exceptions to this rule which could effectively pause the clock in certain circumstances. The discovery rule, for example allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain cases like when the plaintiff is young or mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences on the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. They may include compensation for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

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

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are simple to determine. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damages awards than minor or temporary injuries.

Mediation

Although it's not an essential element of every injury case it can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like. The mediator will then meet with both sides on their own. You will then make counteroffers and exchange offers to find a solution.

The aim of mediation is achieving an agreement that neither the negligent party nor injured victim want to go to court. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your lawyer may decide that a trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a defense of peers to jurors. The jury will decide if the defendant was negligent, and if they were what amount of compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover the costs and injuries losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or jury during a bench trial. It will decide if the defendant was negligent or if they were, how much financial damages are you entitled to.