9 Lessons Your Parents Teach You About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury attorney lawsuit can help you recover damages to pay medical bills and compensate for the loss of income. Many people are unsure about the procedure of suing.

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be through.

Time to File

Every state has a law that restricts the time you can make a claim following an accident. If you do not file your claim in this time frame it is nearly always dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this may take months.

A good lawyer will then submit a settlement request. However, your attorney cannot issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional time limits if you were injured by an entity of the government or a doctor who works for the government. These are often called "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can clarify these more in detail. These cases are typically resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of obtaining 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 claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

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

In certain circumstances, the statute of limitations can be shortened or even tolled. For example, if the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

If a person is awarded a personal injury lawsuit is entitled damages. They can include money for medical expenses or lost wages as well as other the costs associated with an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment in life because of an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people 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 if an injury lawyers stops you from working or requires you to take a vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as a factor of 1.5 to 5. Severe injuries will generally result in higher general damage awards than small or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine what you would like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you'll make counter-offers and exchange offers to reach a resolution.

The goal of mediation is achieving an agreement that neither the responsible party nor injured victim want to go to court. This is an important step to avoid the 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 assist you in negotiating the best settlement for your particular situation. Contact us today to set up a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case to peers to a jury. The jury will decide if the defendant was negligent, and if they were what amount of compensation should be awarded to cover your injuries, financial losses, and expenses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that financial damages are needed to compensate for your losses and expenses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial will determine if the defendant was negligent and, if so, what amount of financial compensation you are entitled to.