9 Things Your Parents Taught You About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit (had me going) can help you recover damages to pay for medical expenses and make up for lost income. Many people are unsure of the procedure of suing.

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

Time to File

Each state has a statute of limitation that specifies the time period after an accident when you have to make a claim. If you fail to file your claim in the timeframe, it is almost always dismissed.

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

At this point, a good lawyer will issue a settlement demand. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement.

You may also be required to adhere to additional time limitations if injured by an organization of the government or by a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in more detail. They are usually resolved faster than other types of cases.

Statute of Limitations

It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to this rule, which can stop it in certain cases. For instance the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain circumstances, such as when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to file a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and their family.

Damages

Anyone who prevails in a personal injury case is entitled to compensation. These may include money to cover the cost of the medical treatment of the victim as well as lost wages and the costs that result from an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the value of lost wages if an injury kept you from working, or forced you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages are typically greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation is not required in every injury case. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. At the mediation, injury Lawsuit you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both parties will sit down with the mediator. After that, you'll exchange counteroffers and offers until you arrive at a settlement.

The goal of mediation is to reach a settlement that neither the responsible party nor injured party want to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been in a workplace accident or auto accident. Contact us today to set up an appointment for a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your attorney may decide that going to trial is required. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your attorney will present what is known as your case to a jury during the trial. The jury will be responsible for determining whether the defendant was negligent, and in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to pay for the expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge or a jury in the bench trial. It will decide whether the defendant was negligent and, if they were the case, what financial damages could you be awarded.