What's The Ugly Truth About Injury Lawsuit

How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical bills or lost income, you can make a claim. However many people aren't sure about how the litigation process is conducted.

This blog post will talk about five stages that all personal injury claims must pass through.

Time to File

Every state has a law that limits the amount of time you must start a lawsuit following an accident. If you don't submit your claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will then make a settlement request. However, your attorney cannot make this demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.

You could also be required to adhere to additional time limitations if injured by an organization of the government or by a physician who works for the government. These are commonly referred to as "discovery rules" or equitable tolling and are specific to each specific situation. Your lawyer will be able to clarify these more in detail. They are usually resolved faster than other types of cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many types of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. There are a few exceptions to this rule, which can effectively stop it in certain circumstances. The discovery rule, for instance, allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury lawyers.

The statute of limitations could also be shortened or extended in certain circumstances in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. You should consult with an experienced injury lawyer to determine the particular statute of limitations applicable to your particular situation. If you try to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. They may include compensation for the victim's medical costs, lost wages and injury lawyer the costs associated with an accident. Other types of damages compensate someone who is suffering from emotional distress or loss of pleasure because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not take the proper care that an average person would have applied in the same situation which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave are simple to determine. General damages, also known as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Mediation is not mandatory in every injury case. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you want. The mediator will then speak with both sides alone. After that, you'll alternate between counteroffers and offers to find a solution.

The purpose of mediation is to come to a settlement that neither the liable party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of court, your attorney may decide that trial is necessary. This will be based on your particular circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

Your attorney will argue your case before a jury during the trial. The jury will determine whether the defendant was negligent, and if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial your lawyer will present evidence to prove 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 refute your claims and stop them from owing you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict, handed down by jurors or judges in a bench trial, will decide if the defendant was negligent and in the event of negligence, what amount of financial compensation you should be awarded.