10 Quick Tips About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident and firms want to get compensation for medical bills or lost income, you may start a lawsuit. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident when you have to bring a lawsuit. If you don't submit your claim within this time frame, it will most likely be dismissed.

Once a case is filed and the parties are able to begin a process of discovery that involves exchanging information like documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.

A reputable lawyer will submit a settlement request. However, your lawyer can't make this demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government entity or a doctor employed by the government, you could be subject to additional time limits to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain these in greater detail. Generally these cases are solved more quickly than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states the statute of limitations "clock" begins to tick on the day you were injured. There are some exceptions to this rule, which could cause it to stop in certain situations. The discovery rule, for instance, allows you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be extended or reduced in certain situations for instance, when the plaintiff is underage or has a mental disability. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to file a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They can include money for the victim's medical costs loss of wages, as well as injuries-related costs. Other types of damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or forces you to take vacation or sick leave, are simple to calculate. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. Serious injuries typically result in higher general damages awards than smaller or less-permanent injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it is often used to settle a dispute and avoid 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 questions to determine what you'd like to settle and what your expectations are. The mediator will then speak with both sides on their own. You will then make counteroffers and exchange offers in order to reach a decision.

The aim of mediation is achieving a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney might decide that a trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case to peers before jurors. The jury will decide whether the defendant was negligent, and if they were the amount of compensation that is due to compensate your injuries, financial losses and other expenses.

During the trial, your attorney will present 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 counter your accusations and keep them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury at the bench trial. It will determine if the defendant was negligent or not, and if so, how much financial damages will you be awarded.