The Ugly The Truth About Injury Lawsuit

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 cover medical expenses and replace lost income. However many people aren't sure about how the process is conducted.

In this blog post, we will look at five milestones in litigation that every personal injury claim must undergo.

Time to File

Each state has a statute of limitations that sets the period of time following an accident when you have to make a claim. If you fail to submit your claim within the timeframe the claim is almost always dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.

A good lawyer will offer a settlement. However, your lawyer can't make this demand until you've reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government agency or a medical professional working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in greater depth. These cases are typically resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to the rule that could cause it to stop in certain cases. The discovery rule, for example permits you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can be extended or reduced in certain cases, such as when the plaintiff is underage or has mental disabilities. You should consult with an experienced injury lawyer to determine the particular time limit that applies to your situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins a personal injury attorneys case is entitled to damages. These could include funds to pay for the victim's medical treatment, lost wages, and the expenses related to an accident. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property as well as the amount of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ an increaser, injury lawyer such as a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries lead to higher general damages than minor or temporary injuries.

Mediation

Although it's not a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. In mediation, you can talk about your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much you want. Then, both parties will sit down with the mediator. Then, you can offer counteroffers and injury lawyer exchange ideas in order to reach a decision.

Neither the negligent party nor the injured victim wants to go to court Therefore, the best option is to settle through mediation. This is an important step in avoiding the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case is not settled outside of court. This will be based on your individual circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were the amount of compensation that should be paid to cover your financial losses, injuries, and expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, given by jurors or judges in a bench trial, will decide if the defendant was negligent and, if so, the amount of financial compensation you are entitled to.