How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay for medical expenses and to make up for lost income. However there are many who aren't clear about how the litigation process operates.

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

Time to File

Every state has a statute of limitation that specifies the time period after an accident to file a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed.

Once a case is filed, the parties will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this may take months.

A good lawyer will then offer a settlement. However, your lawyer can't make this demand until you have reached the point of maximum medical improvement and you are as healthy as possible.

If you were injured by a government entity or a physician working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in greater detail. Generally, these cases are solved more quickly than other cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many types 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 most states, "the clock" of the statute of limitations starts to tick the day after you have been injured. There are exceptions to the rule that can stop it in certain situations. The discovery rule, for example permits you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain situations for instance, when the plaintiff is underage or mentally disabled. You should consult with an experienced injury attorney to determine the precise statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. These can include money to cover the cost of the victim's medical care and lost wages as well as the costs that result from an accident. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working, or forces you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. The most severe injuries are likely to lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Although it's not an obligatory element in every injury case it can be used to settle a dispute without having a judge or jury decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then speak with both sides in a private setting. After that, you will be back and forth with counteroffers and offers to come to a resolution.

The aim of mediation is achieving an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. The majority of injury lawsuits cases settle through mediation, including those involving the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Call us today to arrange an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case cannot be resolved out of court. This will be based on your individual circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your attorney will present a defense of peers before the jury. The jury will decide if the defendant was negligent and, if they were the amount of compensation that is due to compensate your financial losses, injuries and other expenses.

During the trial, your lawyer will present evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay you any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be issued by a judge or jury at the bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.