This Week's Most Remarkable Stories About Injury Lawsuit

How the injury legal Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical expenses or lost income, you may start a lawsuit. However, many people are unclear about how the litigation process is conducted.

This blog post will cover five stages that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you do not file your claim within the time frame, it will most likely be dismissed.

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

A good lawyer will then present a settlement demand. However, your attorney cannot issue a settlement demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

You may also have to adhere to additional time limitations if injured by a government entity the government or a medical professional who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in greater detail. Generally these cases can be quicker to resolve 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 your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. There are a few exceptions to this rule, which could effectively pause it in certain circumstances. For example the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitations can be shortened or tolled. For injury attorney example, if the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury attorney to determine the exact statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to compensation. These can include money to cover medical expenses as well as lost wages and other incident-related expenses. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of pleasure because of an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property, and the cost of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. Serious injuries typically result in greater general damages than those resulting from smaller or less-permanent injuries.

Mediation

While it is not required in every injury attorney case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then talk with both sides at a time. You will then make counteroffers and exchange offers to reach a resolution.

The party who is at fault and the victim who has been injured would like to go to trial and so the aim is to settle through mediation. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or workplace injury litigation, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and, if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries and the financial damages needed cover your losses and expenses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be given by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.