How To Explain Injury Lawsuit To A Five-Year-Old

How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical expenses or lost income, you could file a lawsuit. Many people aren't sure about the litigation process.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must go through.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident, you are required to bring a lawsuit. If you do not submit your claim within this window, it will most likely be dismissed.

When a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. Based on the complexity of the case, this might take months.

At this point, an experienced lawyer will submit an offer of settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

If you've been injured by a government entity or a doctor working for the government, lawsuit you could have additional deadlines to comply with in addition the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling, lawsuit and are unique to each case. Your attorney can explain them in greater depth. Generally these cases can be resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. However, there are exceptions to this rule that could effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain circumstances for instance, when the plaintiff is younger or mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to file a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment in life due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in 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 situation which resulted in your injury attorney.

Special damages, like the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are simple to calculate. 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 estimate general damages. Severe injuries will generally result in higher general damage awards than small or short-lasting injuries.

Mediation

Mediation isn't mandatory in every case of injury. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then meet with both sides alone. You will then make counteroffers and exchange offers to find a solution.

Neither the negligent party nor the victim who has been injured would like to go to court Therefore, the best option is to settle in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to set up a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your lawyer may decide that trial is required. This will be based on your individual circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

Your attorney will present what is known as your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent and if so, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to show that the negligence of the defendant led to your injuries, and that financial damages are needed to cover your losses and expenses. The defense will use evidence to back up your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury in the bench trial. It will determine if the defendant was negligent and, if they were and the verdict is a financial one, how much should you be awarded.