Do Not Believe In These "Trends" Concerning Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical bills or lost income, you can bring a lawsuit. However there are many who aren't clear about how the process operates.

In this blog post, we will review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Each state has a statute of limitations that sets the time period after an accident when you have to file a lawsuit. If you don't file your claim within the period, it is almost always be dismissed.

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take months, depending on the complexity of the case.

A good lawyer will then present a settlement demand. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by an entity belonging to the government or a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in more depth. They are usually resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many different types of personal injury cases including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations starts to run on the day you have been injured. However, there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in some cases for instance, when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the precise limitation period that applies to your particular situation. If you try to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences on the victim as well as his or her family.

Damages

If a person wins an injury lawsuit is entitled to damages. These can include money for the victim's medical costs, lost wages and the costs associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or lost pleasure due to an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that reasonable people would have used in the same situation, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or injury lawyer lost wages if an injury prevents you from working or requires you to take vacation or sick leave are easy to calculate. General damages, also known as pain and suffering are harder to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. Severe injuries will generally result in higher general damages awards than minor or short-lasting injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be used to resolve a dispute and avoid having a judge or jury decide on the outcome. At the mediation, injury lawyer you can discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. After that, you'll go back and forth with offers and counteroffers to arrive at a settlement.

The aim of mediation is achieving an agreement in which neither the liable party nor injured party want to take to court. This is an important step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today for an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a defense of peers before jurors. The jury will be responsible for determining whether the defendant was negligent and, if so, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages needed pay for your expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge, or a jury in a bench trial. It will decide if the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.