How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and compensate for the loss of income. However, many people are unclear about how the process is carried out.

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

Time to File

Each state has a statute that limits the time you can start a lawsuit following an accident. If you fail to file your claim in the timeframe it is nearly always dismissed.

After a case has been filed the parties begin a process known as discovery, which involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of your case, this can take months.

At this point, a reputable lawyer will issue an offer for settlement. Your lawyer can only make this demand once you have reached maximum medical improvement.

You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can clarify these more in detail. In general the cases are faster to be resolved than other ones.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to a variety of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" begins to tick on the day that you were injured. However there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for example permits 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 can also be shortened or tolled in some cases like when the plaintiff is young or mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to make a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled damages. These can include money for the victim's medical costs or lost wages as well as other incident-related expenses. Other kinds of damages could be awarded to compensate for the 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 court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave, are easy to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use an increaser, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Although it isn't an obligatory element in any injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.

The mediator will ask you questions to determine what you're expecting and injury lawsuit the amount you'd like to spend. The mediator will then meet with both sides alone. Then, you'll exchange counteroffers and offers until you arrive at a settlement.

The purpose of mediation is to reach a settlement that neither the responsible party nor injured victim want to go to court. This is an essential step to avoid the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of cases of injury are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

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

During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are required to compensate for your losses and expenses. The defense will present evidence to counter your accusations and keep them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, which is handed down by a judge or jury in a bench trial, will determine if the defendant was negligent and, should it be determined what amount of financial damages are entitled to.