The Main Problem With Injury Lawsuit And How To Fix It

How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay for medical expenses and replace lost income. However many people aren't sure about how the litigation process operates.

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

Time to File

Each state has a statute that limits the amount of time you have to make a claim following an accident. If you don't make a claim within this window, it will almost always be dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. This could take months, depending on the complexity of the case.

At this point, an experienced lawyer will submit an offer of settlement. However, your lawyer can't issue a settlement demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government entity or a doctor working for the government, you may 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 unique to each case. Your lawyer can explain them in more depth. These cases are usually resolved quicker than other types of cases.

Statute of limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to a variety 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" starts ticking on the day you became injured. However there are exceptions to this rule that could effectively pause the clock in certain circumstances. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is younger or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the particular limitation period that applies to your situation. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to receive damages. This could include money to cover the cost of the victim's medical expenses, lost wages, and the expenses associated with an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, including the cost to repair or replace damaged property and the cost of lost wages if an injury kept you from working or required you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term 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 on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. After that, you will go back and forth with counteroffers and injury lawyer offers in order to find a solution.

Neither the negligent party nor the victim who was injured want to go to trial and so the aim is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you've been involved in an accident at work or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case is not resolved out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers before a 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 expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and the financial damages you receive are necessary to cover your 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 deliberate. The verdict will be issued by a juror or judge during a bench trial. It will decide if the defendant was negligent, and if they were the case, what financial damages could you be awarded.