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 will help you get compensation to pay for medical expenses and make up for lost income. However, many people are unclear about how the process operates.

In this blog post, we'll examine five key litigation milestones every personal injury claim must undergo.

Time to File

Every state has a statute of limitation that specifies the amount of time after an accident to make a claim. If you don't make a claim within this window, it will almost always be dismissed.

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

A good lawyer will then make a settlement request. However, your lawyer cannot make this demand until you are at the point of the greatest improvement in your medical condition and are as well-as possible.

If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limitations to meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more detail. Generally these cases can be resolved more quickly than others.

Statute of limitations

If you want to increase your chances of getting fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after the injury lawyers. However, there are exceptions to this rule, which can effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In certain circumstances, the statute of limitation may be shortened or tolled. For example, if the plaintiff is mentally impaired or is underage. It is recommended to consult an experienced lawyer for injury to determine the specific time limit that applies to your particular case. If you attempt to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. These can include money for medical costs as well as lost wages and other the costs associated with an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have used in the same circumstance which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or forces you to take vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in greater general damages awards than smaller or less-permanent injuries.

Mediation

Although it's not a mandatory part of any injury case it can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides on their own. After that, you'll exchange counteroffers and offers to arrive at a settlement.

Neither the negligent party nor the victim of injury would like to go to trial, so the goal is to settle in mediation. This is an essential step to avoid a lengthy and stressful process of litigation. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you have been involved in a workplace accident or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been settled out of court. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

During the trial, your lawyer will present your case to peers before the jury. The jury will decide whether the defendant was negligent and, if so the amount of compensation that should be paid to cover your losses due to injuries, financial loss and other expenses.

During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and financial damages are required to pay for your expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a judge, or a jury in the bench trial. It will decide whether the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.