How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to claim compensation for medical expenses or lost income, you could make a claim. However many people are confused about how the process is conducted.

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

Time to File

Every state has a law that limits the amount of time you have to start a lawsuit following an accident. If you do not submit your claim within the timeframe it is usually dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. This could take several months depending on the nature of the case.

A good lawyer will submit a settlement request. But, your lawyer is not able to issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government agency or a medical professional working for the government, you could be subject to additional time limitations 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 for each situation. Your lawyer can explain them in greater detail. They are usually resolved quicker than other types of cases.

Statute of limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to many types of personal injury lawyers claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations starts to tick the day after you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain situations. 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.

In certain circumstances, the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally disabled or underage. You should consult with an experienced injury lawyer to determine the specific statute of limitations applicable to your particular situation. If you try to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

Anyone who prevails in an injury case is entitled to compensation. These could include funds to pay for the medical treatment of the victim or lost wages, as well as the expenses caused by an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable person would have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property, and the cost of lost wages if an injury prevented you from working or Injury Lawyer forced you to use sick or vacation time. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies employ an increaser, injury lawyer such as a 1.5 to 5 factor, to calculate general damages. General damages are generally more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Although it isn't an obligatory element in any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you'll offer counteroffers and exchange ideas in order to reach a decision.

Neither the negligent party nor the injured victim wants to go to trial and so the aim is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases are settled via mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to arrange a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

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

During the trial, your attorney will present evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a juror or judge in a bench trial. It will determine whether the defendant was negligent and, if they were in fact negligent, what amount of financial damages will you be awarded.