Nine Things That Your Parent Teach You About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and compensate for the loss of income. Many people are unsure about the process of litigation.

This blog post will discuss five important milestones that all personal injury claims must pass through.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident to start a lawsuit. If you do not submit your claim within this time frame the claim is almost always dismissed.

After a case has been filed the parties start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on the complexity of your case, this can take months.

At this point, a skilled lawyer will make an offer for settlement. However, your lawyer can't make a demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government agency or a doctor employed by the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in greater detail. Generally the cases are resolved more quickly than others.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to run the day you were injured. There are some exceptions to the rule which could cause it to stop in certain cases. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is younger than. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. This could include money to pay for the medical treatment of the victim, lost wages, injury and the expenses related to an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to behave in a way which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. The most severe injuries are likely to lead to higher general damage awards than minor or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then talk with both sides alone. Then, you'll make counter-offers and exchange offers for a resolution.

Both the party responsible for the negligence and the victim of injury would like to go to court and so the aim is to settle the matter in mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been resolved outside of court. This will be based on your specific circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your attorney will present your case to peers to the jury. The jury will be accountable for determining whether the defendant was negligent and, should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages you receive are necessary to pay for your expenses and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or jury at the bench trial. It will decide whether the defendant was negligent and, if they were, how much financial damages should you be awarded.