20 Trailblazers Setting The Standard In Injury Lawsuit

How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical bills or lost income, it is possible to bring a lawsuit. A lot of people aren't certain about the process of litigation.

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

Time to File

Every state has a law that limits the time you are required to start a lawsuit following an accident. If you fail to file your claim in the timeframe the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the nature of your case, this could take months.

At this point, a reputable lawyer will issue an offer for settlement. However, your attorney cannot make a demand until after you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government entity or a physician working for injury attorney the government, you could be subject to additional time limitations to meet in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your attorney can clarify these more in detail. They are usually resolved faster than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury cases, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are exceptions to the rule that can effectively stop it in certain cases. For instance the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is younger than. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your particular situation. If you attempt to file a claim after the deadline has passed your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. They may include compensation for medical costs loss of wages, as well as injuries-related costs. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to act with the level of 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 if an injury stops you from working, or forces you to take vacation or sick leave, are simple to determine. General damages, also known as pain and suffering are more difficult to determine. A lot of attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation is not required for every injury settlement case. However it can be utilized to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you'll be back and forth with counteroffers and offers in order to arrive at a settlement.

The party who is at fault and the victim who was injured want to go to trial and so the aim is to settle through mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most difficult injury legal cases are settled via mediation. If you're involved in an auto crash or a workplace injury litigation, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an initial consultation for free. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your lawyer may decide that trial is required. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be awarded to cover your injuries, financial losses and other expenses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will present evidence to argue your claims and stop them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, handed down by a judge or jury in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.