How the Injury Lawsuit Process Works

If you have been injured in an accident and want to claim compensation for medical expenses or lost income, you can make a claim. Many people are unsure of the procedure of suing.

In this blog post, we will discuss five litigation milestones that every personal injury claim must be through.

Time to File

Each state has a statute of limitation that specifies the time frame after an accident when you have to file a lawsuit. If you do not submit your claim within this timeframe, it will most likely be dismissed.

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

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

You could also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer will be able to clarify these more in detail. These cases usually settle faster than other types of cases.

Statute of limitations

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

In most states the statute of limitations "clock" starts ticking on the day you became injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for example allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in some cases, such as when the plaintiff is underage or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who wins an injury law firm lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical expenses or lost wages, as well as the costs caused by an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury based on 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 applied in the same circumstance that led to your injury.

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property or the cost of lost wages if an injury stopped you from working or caused you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. General damages are typically higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation is not required in every injury case. However it can be utilized to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount you'd like to spend. The mediator will then meet with both sides alone. Then, you can make counteroffers and exchange offers to reach a resolution.

The party who is at fault and the victim who has been injured would like to go to court therefore the goal is to settle in mediation. This is an important step to avoid the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been in an accident at work or in an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been resolved out of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.

During the trial, your attorney will present a case of peers before a jury. The jury is responsible for determining whether the defendant was negligent and, should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages needed compensate for your losses and expenses. The defense will present evidence to argue your claims and stop them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is given by jurors or judges in a bench trial will determine if the defendant was negligent and should it be determined what amount of financial damages you are entitled to.