How the Injury Lawsuit Process Works

If you have been injured in an accident and need to seek compensation for medical bills or lost income, you can make a claim. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will review five legal milestones that each personal injury claim has to undergo.

Time to File

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not file your claim within the time frame, it will most likely be dismissed.

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

A good lawyer will submit a settlement request. The lawyer can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are specific to each case. Your lawyer can explain them in more detail. These cases usually settle faster than other types of cases.

Statute of limitations

It is important to make a claim for personal injury law firms before the statute of limitations in your state expires. These deadlines apply to a wide range of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to this rule, which can effectively stop it in certain instances. The discovery rule, for instance, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain cases, the statute of limitations could be reduced or extended. For instance when the plaintiff is mentally impaired or is underage. You should consult with an experienced injury attorney to determine the precise limitation period that applies to your case. If you try to submit a claim after the deadline has passed your case will most likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. This could include money to pay for the medical treatment of the victim, lost wages, and the expenses related to an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment in life because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have exercised in the same situation which led to your injury.

Special damages are usually simple to calculate, like the cost to repair or replace damaged property and the amount of lost wages if an injury stopped you from working or required you to be absent or injury attorney take vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be greater for serious injuries than for less serious or short-term injuries.

Mediation

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

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like to spend. The mediator will then talk with both sides alone. Then, you can make counter-offers and exchange proposals to find a solution.

Neither the negligent party nor the victim of injury would like to go to trial Therefore, the best option is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled via mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been resolved out of court. This will be based on your particular circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will present your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent and should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay you any amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, which is given by the judge or a jury in a bench trial, will determine if the defendant was negligent, and if so, the amount of financial compensation you are entitled to.