9 Lessons 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 could help you recover damages to pay your medical bills and to make up for lost income. However many people aren't sure about how the litigation process operates.

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 its own statute of limitations which defines the time period after an accident when you have to make a claim. If you don't file your claim within the period, it is most likely be dismissed.

When a case is filed the parties begin a process of discovery. This involves exchanging information like documents, witness testimony and depositions. This could take months, depending on the complexity of the case.

A good lawyer will then offer a settlement. However, your lawyer cannot make a demand until after you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional time limits if you've been injured by an organization of the government or injury lawsuit by a doctor who works for the government. These are often called "discovery rules" or equitable tolling, and are specific to each particular situation. Your attorney can explain them in more detail. These cases are typically resolved faster than other cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to the rule which could effectively pause it in certain cases. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations can be extended or reduced in certain circumstances in certain circumstances, for example, if the plaintiff is underage or has a mental disability. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled damages. They may include compensation for medical expenses, lost wages and incident-related expenses. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment because of an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same situation that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies use a multiplier, such as 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

Mediation is not required for every injury lawyers case. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then meet with both sides in a private setting. You will then make counter-offers and exchange proposals for a resolution.

The purpose of mediation is achieving an agreement where neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most complex injury cases are settled at mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Call us today to arrange an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case is not resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present a defense of peers before a jury. The jury will determine whether the defendant was negligent and if they were then how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by a judge or jury in a bench trial will decide if the defendant was negligent and, if so, what amount of financial damages should be awarded.