The 9 Things Your Parents 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 obtain damages to cover medical expenses and injury make up for lost income. A lot of people aren't certain about the process of litigation.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must go through.

Time to File

Each state has a statute that limits the time you are required to make a claim following an accident. If you fail to file your claim in this time frame it is usually dismissed.

After a case has been filed and the parties are able to begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months, depending on the complexity of the case.

A good lawyer will then present a settlement demand. Your attorney can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are 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 obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many different kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states, the statute of limitations "clock" starts to tick when you are injured. There are exceptions to the rule which can stop it in certain instances. The discovery rule, for instance permits you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury law firm.

The statute of limitations may also be shortened or extended in certain circumstances for instance, when the plaintiff is young or has mental disabilities. It is best to speak with an experienced lawyer for injury law firm to determine the exact time limit that applies to your particular case. If you attempt to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This can have devastating consequences on the victim and the family members of the victim.

Damages

A person who wins an injury lawsuit is entitled to damages. These can include money for medical expenses or lost wages as well as other injuries-related costs. Other types of damages compensate someone who is suffering 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 the court. Your attorney will argue that defendant did not behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than those resulting from smaller or less-permanent injuries.

Mediation

Although it isn't an essential element of every injury case mediation is a method to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like. The two parties will sit down with the mediator. Then, you can make counteroffers and exchange offers in order to reach a decision.

Neither the negligent party nor the victim who has been injured would like to go to trial therefore the goal is to settle the matter in mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been injured in a workplace accident or auto accident. Call us today to arrange an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case of peers before jurors. The jury will decide if the defendant was negligent and if they were what amount of compensation should be awarded to cover your injuries, financial losses, and expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that financial damages are required to cover your expenses and losses. The defense will present evidence to counter your claims and stop them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, handed down by the judge or a jury in a bench trial will decide if the defendant was negligent, and should it be determined what amount of financial damages you are entitled to.