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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and to make up for lost income. However many people are confused about how the process operates.

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

Time to File

Each state has a statute which limits the time you are required to make a claim following an accident. If you don't make a claim within this time frame, it will almost always be dismissed.

When a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like witness statements, documents and depositions. Based on the complexity of your case, this may take months.

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

If you've been injured by a government agency or a doctor 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 generally called "discovery rules" or equitable tolling, and are unique to each specific situation. Your lawyer can explain them in more depth. These cases are typically resolved faster than other cases.

Statute of limitations

It is essential to make a claim for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In the majority of states the statute of limitations "clock" begins to tick on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can be reduced or even tolled in certain cases for instance, when the plaintiff is younger or has mental disabilities. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.

Damages

The person who wins an accident case is entitled to damages. These could include funds to pay for the victim's medical care, lost wages, and the expenses that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost enjoyment because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same circumstance, which led to your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property, and the amount of lost wages if an injury stopped you from working or caused you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. 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. In the majority of cases, severe injuries lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Mediation isn't mandatory in every case of injury. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask you questions to find out what you are expecting and the amount of money you'd like to spend. The mediator will then discuss the matter with both sides in a private setting. You will then make counteroffers and exchange offers in order to reach a decision.

Neither the negligent party nor the victim of injury lawsuits would like to go to trial, so the goal is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient time 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 depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

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

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or a jury during a bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages could you be awarded.