How the Injury Lawsuit Process Works

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

This blog post will discuss five stages that all personal injury claims have to be able to pass through.

Time to File

Every state has a law that restricts the time you must start a lawsuit following an accident. If you don't submit your claim within this period, it is almost always be dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this may take months.

At this point, a reputable lawyer will submit an offer for settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can explain them in more depth. These cases are typically resolved faster than other cases.

Statute of limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different types of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations may be shortened or tolled. For example, if the plaintiff is mentally impaired or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. These can include money to pay for the victim's medical expenses as well as lost wages and the expenses associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property or the cost of lost wages if an injury kept you from working or forced you to take sick or vacation time. General damages, also referred to as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. General damages tend to be greater for serious injuries than for minor or short-term injuries.

Mediation

While it is not a mandatory part of any injury case, mediation can be used 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, called mediator.

The mediator will ask you questions to find out what you expect and how much money you want. The mediator will then speak with both sides on their own. You will then make counter-offers and exchange offers in order to reach a decision.

Neither the negligent party nor injury the victim of injury would like to go to trial Therefore, the best option is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're 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 can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your particular circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

Your lawyer will present what is known as your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent, and injury should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that financial damages are required to pay for your expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, given by the judge or a jury in a bench trial will determine if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.