It's The Ugly Facts About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical expenses or lost income, lawsuits it is possible to file a lawsuit. However there are many who aren't clear about how the process is conducted.

In this blog post, we will examine five key litigation milestones each personal injury claim has to go through.

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident, you are required to start a lawsuit. If you don't submit your claim within this time frame the claim is almost always dismissed.

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

A good lawyer will make a settlement request. However, your lawyer cannot issue a settlement demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or by a doctor who works for the government. These are commonly called "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer can explain them in greater depth. These cases usually settle faster than other types of cases.

Statute of limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many different types of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts to tick on the day that you were injured. There are some exceptions to this rule that could cause it to stop in certain circumstances. For example the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations can be shortened or tolled. For example, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced lawyer for injury to determine the particular statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences on the victim and their family.

Damages

If a person wins an accident case is entitled to compensation. These can include money to cover medical expenses, lost wages and the costs associated with an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of enjoyment because of an accident.

The amount of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person might have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damages than those resulting from minor lawsuits or temporary injuries.

Mediation

Although it's not required in every injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you are expecting and the amount you'd like. Then, both parties will discuss their differences with the mediator. After that, you will be back and forth with offers and counteroffers to find a solution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial Therefore, the best option is to settle the matter in mediation. This is a vital step in avoiding the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury attorney, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Call us today to arrange a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney might decide that going to trial is required. This will be based on your specific circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present your case to peers before a jury. The jury will be accountable to determine if the defendant was negligent and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, given by the judge or a jury in a bench trial will decide if the defendant was negligent, and in the event of negligence, what amount of financial compensation you are entitled to.