How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical expenses or lost income, it is possible to file a lawsuit. Many people are unsure about the litigation process.

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

Time to File

Each state has a statute of limitations that defines the amount of time after an accident when you have to start a lawsuit. If you fail to submit your claim within this time frame it is nearly always dismissed.

When a case is filed, the parties begin a process of discovery. It involves exchanging documents such as documents, witness testimony and depositions. This could take months 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 attained the highest level of medical improvement.

You may also have to adhere to additional time limits if you've been injured by an entity belonging to the government or a medical professional who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are extremely specific to each situation. Your lawyer will be able to explain these in greater detail. These cases are usually resolved faster than other cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to tick on the day the injury. However, there are exceptions to this rule, which can effectively stop the clock in certain situations. For instance the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or extended in certain circumstances for instance, when the plaintiff is underage or has mental disabilities. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your particular situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences on the victim and his or her family.

Damages

A person who wins in an injury case is entitled to damages. These can include money to cover the cost of the victim's medical treatment as well as lost wages and the costs that result from an accident. Other types of damages compensate someone who suffers from emotional distress or loss of satisfaction due to an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to behave with the level of care that reasonable people would have used in the same situation which led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property or the cost of lost wages if an injury attorney kept you from working or caused you to take time off or sick. General damages, also known as pain and suffering, are harder to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, an amount of 1.5 to 5. General damages are generally higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation isn't required for every injury case. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you will be back and forth with counteroffers and offers to reach a settlement.

Both the party responsible for the negligence and the victim who was injured want to go to trial, so the goal is to settle through mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Most trenton injury attorney cases settle at mediation, including 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 no-cost consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your attorney may decide that trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

During the trial, your attorney will present your case to peers to a jury. The jury will determine if the defendant was negligent and, if so the amount of compensation that should be awarded to cover your injuries, financial losses, and expenses.

During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be issued by a judge or injury attorney jury at the bench trial. It will decide whether the defendant was negligent or not, and if so the case, what financial damages should you be awarded.