A Productive Rant About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to claim compensation for medical expenses or lost income, you can file a lawsuit. A lot of people aren't certain about the procedure of suing.

In this blog post, we'll discuss five litigation milestones that every personal injury litigation case must be through.

Time to File

Each state has a statute that restricts the time you have to start a lawsuit following an accident. If you do not file your claim within the timeframe, it will most likely be 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. Based on the complexity of your case, this can take months.

At this point, a reputable lawyer will present an agreement demand. However, your lawyer cannot issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

You could also be required to adhere to additional time limits if you've been injured by a government entity the government or by a physician who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer will be able to explain these in more detail. In general these cases are solved more quickly than other cases.

Statute of limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are exceptions to this rule, which could cause it to stop in certain instances. For example the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury claim.

In certain circumstances, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced lawyer for injury law to determine the precise time limit that applies to your case. If you attempt to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical care as well as lost wages and the costs associated with an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or lost pleasure because of an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant did not act in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury claim.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury attorneys stops you from working or injury law requires you to take a vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering, are more difficult to calculate. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. Serious injuries typically lead to higher general damages than smaller or less-permanent injuries.

Mediation

Mediation isn't mandatory in every case of injury. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then speak with both sides on their own. Then, you can offer counteroffers and exchange ideas to reach a resolution.

The negligent party and the victim who has been injured would like to go to trial, so the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated Injury Law cases can be settled through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your lawyer may decide that a trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

Your attorney will argue your case before a jury during the trial. The jury will determine if the defendant was negligent, and if they were, how much compensation should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge or a jury in a bench trial. It will determine if the defendant was negligent or not, injury law and if so the case, what financial damages could you be awarded.