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How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to get compensation for medical expenses or lost income, you could file a lawsuit. A lot of people aren't certain about the litigation process.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be able to pass through.

Time to File

Every state has a law that restricts the time you must bring a lawsuit following an accident. If you do not submit your claim within the timeframe it is usually dismissed.

Once a case is filed, the parties begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. This can take a long time depending on the complexity of the case.

A good lawyer will then present a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government organization or a doctor working for the government, you may have additional time constraints to comply with in addition the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are extremely specific to each case. Your attorney can explain them in more depth. In general these cases can be solved more quickly than other cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury claims such as car accidents and firms medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts to tick on the day you were injured. There are some exceptions to the rule which could effectively pause it in certain cases. For example the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

In some instances the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally impaired or underage. You should consult with an experienced lawyer for injury to determine the specific statute of limitations applicable to your particular situation. If you try to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They may include compensation for medical costs or lost wages as well as other injuries-related costs. Other types of damages compensate someone who suffers from emotional distress or loss of satisfaction because of an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have exercised in the same situation which led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury prevented you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Serious injuries typically result in higher general damages awards than minor or temporary injuries.

Mediation

Although it's not an essential element of every injury case it can be used to settle disputes without having a jury or judge decide on 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 you questions to find out what you're expecting and the amount of money you'd like to spend. Then, both sides will have a private discussion with the mediator. Then, you will make counter-offers and exchange offers in order to reach a decision.

The goal of mediation is to arrive at an agreement that neither the liable party nor injured victim want to go to court. This is a vital step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney might decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will decide whether the defendant was negligent, and if they were then how much compensation should be awarded to cover your injuries, financial losses and other expenses.

During the trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and financial damages are required to cover your expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, delivered by the judge or a jury in a bench trial, will decide if the defendant was negligent and if so, the amount of financial damages you should be awarded.