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A Look At The Future: What Will The Injury Lawsuit Industry Look Like In 10 Years?
How the Injury Lawsuit Process Works

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

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

Time to File

Each state has a statute which limits the time you have to bring a lawsuit following an accident. If you do not file your claim in this time frame, it is almost always dismissed.

Once a case is filed the parties start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on injury claim garden grove of the case, this might take months.

At this point, an experienced lawyer will submit an offer for settlement. However, your lawyer cannot issue a settlement demand until you have reached the point of maximum medical improvement and are as well-as possible.

If you were injured by a government organization or a medical professional working for the government, you could have additional deadlines to meet in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are very specific to each particular situation. Your lawyer will be able to clarify these more in detail. Generally these cases are quicker to resolve 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 expires. 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 as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to run on the day the injury. However there are exceptions to this rule that could effectively pause the clock in certain circumstances. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally impaired or is underage. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to file a claim after the deadline has passed your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

Anyone who prevails in an injury case is entitled to compensation. They may include compensation for medical costs as well as lost wages and other accident-related costs. Other kinds of damages are awarded to a person who has suffered emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have applied 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, and the cost of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Although it's not an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. At mediation, you can discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then meet with both sides at a time. After that, you will be back and forth with counteroffers and offers until you arrive at a settlement.

Neither the negligent party nor the victim who has been injured would like to go to court and so the aim is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been in a workplace accident or auto accident. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your lawyer may decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

Your attorney will present your case to a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you any money. After both sides have given their closing arguments the jury will then deliberate. The verdict is issued by a juror or judge at a bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.