Nine Things That Your Parent Teach 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 pay medical bills and compensate for the loss of income. However there are many who aren't clear about how the litigation process is carried out.

In this blog post, we will look at five milestones in litigation that each personal injury claim has to be able to pass through.

Time to File

Each state has a statute that limits the amount of time you must make a claim following an accident. If you don't submit your claim within this time frame, it will most likely be dismissed.

After a case has been filed the parties start a process called discovery that involves exchanging information like witness statements, documents and depositions. This could take months, depending on the complexity of the case.

A good lawyer will submit a settlement request. However, your lawyer cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government entity or a medical professional working for the government, you could have additional deadlines to comply with in addition the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your attorney can explain them in more depth. In general, these cases are resolved more quickly than others.

Statute of Limitations

It is vital to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, "the clock" of the statute of limitations begins to run the day you've been injured. However there are exceptions to this rule, which can effectively stop the clock in some cases. The discovery rule, for instance, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be extended or reduced in some cases for instance, when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury attorney to determine the precise statute of limitations that applies to your situation. If you attempt to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an accident case is entitled to compensation. This could include money to cover the cost of the victim's medical expenses as well as lost wages and the expenses associated with an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost enjoyment due to an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have used in the same circumstance that led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property and the cost of lost earnings if an injury prevented you from working or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation is not required in every case of injury law firm. However it is often used to settle a dispute and avoid having a jury or judge decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're expecting and how much you want. The two parties will sit down with the mediator. After that, you will exchange offers and counteroffers to arrive at a settlement.

The aim of mediation is to reach an agreement in which neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case has not been settled outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present your case to peers before jurors. The jury will be accountable for determining whether the defendant was negligent and if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a juror or judge at the bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages could you be awarded.