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How the Injury Lawsuit Process Works

If you’ve been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay your medical bills and make up for lost income. However, many people are unclear about how the litigation process operates.

This blog post will talk about five stages that all personal injury claims must go through.

Time to File

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

When a case is filed and the parties are able to start a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of your case, this could take months.

A reputable lawyer will submit a settlement request. However, your attorney cannot make a demand until after you’ve reached the point of the greatest improvement in your medical condition and are as well-as possible.

You may also have to adhere to additional time limits if you were injured by a government entity the government or a medical professional who works for the government. These are sometimes referred to as “discovery rules” or equitable tolling and are very specific to each case. Your lawyer can clarify these more in detail. Generally these cases are quicker to resolve than other cases.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states, “the clock” of the statute of limitations begins to tick on the day you were injured. There are exceptions to this rule that could effectively pause it in certain instances. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can be reduced or even tolled in some cases for instance, when the plaintiff is underage or has a mental disability. You should consult with an experienced injury lawyer to determine the specific limitation period that applies to your case. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences on the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. These can include money to cover medical expenses or lost wages as well as other incident-related expenses. Other types of damages compensate a person who suffers from emotional distress or lost enjoyment due to an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your attorney will argue that defendant did not behave in a way which a reasonable person could have done in the same situation. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to calculate general damages. General damages are generally more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it is not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask questions to determine how much you’d like to settle and what your expectations are. The mediator will then discuss the matter with both sides at a time. After that, you will exchange counteroffers and offers until you arrive at a settlement.

The aim of mediation is to reach an agreement where neither the responsible party nor injured victim would prefer to take to court. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. 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 specific situation. Call us today to arrange an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case is not resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a case of peers to the jury. The jury will decide whether the defendant was negligent, and if they were then how much compensation is due to cover your financial losses, injuries and other expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, handed down by a judge or jury in a bench trial, will determine whether the defendant was negligent and in the event of negligence, what amount of financial compensation you are entitled to.