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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, it is possible to file a lawsuit. However many people aren't sure about how the process operates.

This blog post will cover five steps that all personal injury claims must go through.

Time to File

Every state has a law which limits the time you are required to make a claim following an accident. If you do not make a claim within this window, it will almost always be dismissed.

Once a case is filed and the parties are able to begin a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this can take months.

A good lawyer will submit a settlement request. However, your attorney cannot issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

You may also have to adhere to additional deadlines if you were injured by an organization of the government or a medical professional who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many types of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

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

In certain circumstances the statute of limitation may be reduced or extended. For instance when the plaintiff is mentally handicapped or underage. You should consult with an experienced injury lawyer to determine the particular time limit that applies to your case. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

The person who wins an injury case is entitled to damages. These may include money to pay for the medical treatment of the victim and lost wages as well as the expenses caused by an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not act with the level of care that an average person would have used in the same situation that led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. Serious injuries typically lead to higher general damages than minor or short-lasting injuries.

Mediation

While it's not required in any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you're expecting and how much you'd like. The mediator will then meet with both sides on their own. Then, you'll make counter-offers and exchange offers for a resolution.

The purpose of mediation is achieving a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle through mediation, even those involving the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial if your case is not resolved out of court. This will be based on your specific circumstances and the strength of your evidence and the insurance company of the defendant's offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will determine if the defendant was negligent, and if they were then how much compensation should be paid to cover your financial losses, injuries, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay you any amount. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, given by the judge or a jury in a bench trial will determine whether the defendant was negligent, and if so, the amount of financial compensation you are entitled to.