10 Tell-Tale Signals You Should Know To Get A New Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and replace lost income. Many people are unsure about the litigation process.

This blog post will cover five steps that all personal injury claims have to go through.

Time to File

Every state has a law which limits the time you have to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this can take months.

A reputable lawyer will present a settlement demand. The lawyer can only make this demand once you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are commonly referred to as "discovery rules" or equitable tolling and are extremely specific to each situation. Your attorney can explain them in more depth. Generally these cases are quicker to resolve than other cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety 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 most states the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule, which can effectively pause the clock in certain cases. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

In some cases, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury attorney to determine the particular statute of limitations applicable to your particular case. If you try to make a claim after the deadline has passed, your case will likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

If a person wins a personal injury case is entitled to compensation. This could include money to pay for the medical treatment of the victim or lost wages, as well as the costs related to an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or loss of pleasure because of an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have exercised in the same situation which resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave are simple to calculate. General damages, also referred to as pain and suffering are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. Serious injuries typically result in higher general damages than minor or temporary injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're expecting and how much money you want. The mediator will then discuss the matter with both sides alone. After that, you will be back and forth with counteroffers and offers until you find a solution.

The purpose of mediation is to come to an agreement that neither the responsible party nor injured party want to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury lawsuits, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an initial consultation for free. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial in the event that your case cannot be settled outside of court. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent, and if so, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and the financial damages needed compensate for your losses and expenses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge, or a jury in the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages are you entitled to.