10 Things That Your Family Taught You About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay for medical expenses and make up for lost income. However, many people are unclear about how the litigation process is carried out.

This blog post will go over five milestones that all personal injury claims have to go through.

Time to File

Every state has a law that restricts the time you are required to make a claim following an accident. If you do not submit your claim within the timeframe the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process of discovery, which involves exchanging information such as documents, witness testimony and depositions. This could take months depending on the nature of the case.

A good lawyer will then make a settlement request. Your lawyer can only make this demand after you have reached maximum medical improvement.

If you were injured by a government agency or a doctor employed by the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in greater detail. In general these cases can be resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury attorneys claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to this rule that could cause it to stop in certain cases. The discovery rule, for example allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced injury lawyer attorney to determine the particular statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim and their family.

Damages

The person who wins an injury lawsuit is entitled to compensation. They may include compensation for the victim's medical costs or lost wages as well as other incident-related expenses. Other damages can be awarded to compensate for Injury Lawsuit the loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have used in the same situation that led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property and the cost of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in greater general damages than small or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, the two sides will have a private discussion with the mediator. Then, you'll exchange counteroffers and offers to arrive at a settlement.

The negligent party and the victim who was injured want to go to trial and so the aim is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been involved in a workplace accident or auto accident. Call us today to arrange an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present your case to peers to jurors. The jury will be accountable for determining whether the defendant was negligent and in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you deserve financial damages to cover those expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, given by the judge or a jury in a bench trial, will determine whether the defendant was negligent and should it be determined what amount of financial damages you are entitled to.