How the Injury Lawsuit Process Works

If you've been injured in an accident and need to get compensation for medical bills or lost income, you may make a claim. However, many people are unclear about how the process is conducted.

In this blog post, we will look at five milestones in litigation that every personal injury claim must undergo.

Time to File

Each state has its own statute of limitations which defines the period of time following an accident when you have to start a lawsuit. If you do not submit your claim within this time frame the claim is almost always dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the nature of the case.

At this point, a skilled lawyer will submit an offer for settlement. However, your lawyer cannot make a demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are very specific to each particular situation. Your lawyer can explain these in greater detail. In general, these cases are quicker to resolve than other cases.

Statute of limitations

If you wish to maximize your chances of receiving fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many types of personal injury claims, which include car accidents, 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 that you were injured. There are a few exceptions to this rule, which could effectively pause it in certain cases. The discovery rule, for instance permits you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain cases like when the plaintiff is young or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations applicable to your particular case. If you try to submit a claim after your deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled to damages. These may include money to pay for the victim's medical care or lost wages, as well as the expenses caused by an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same circumstance, which led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property as well as the amount of lost wages if an injury kept you from working or required you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. Serious injuries typically result in greater general damages than those resulting from smaller or less-permanent injuries.

Mediation

Although it isn't a mandatory part of every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're expecting and how much you'd like. Then, both sides will have a private discussion with the mediator. Then, you'll be back and forth with offers and counteroffers to arrive at a settlement.

The goal of mediation is achieving a settlement that neither the party who is at fault nor the injured victim want to go to court. This is a vital step to avoid the long and stressful litigation process. Most duncanville injury law firm cases settle at mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that going to trial is required. This will be based on your individual circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

Your lawyer will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and, if they were, how much compensation is due to compensate your financial losses, injuries and other expenses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and that you deserve financial damages to cover the costs and losses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have presented their closing arguments the jury will then deliberate. The verdict is issued by a judge or jury in a bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.