9 . What Your Parents 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 for medical expenses and to make up for lost income. However many people aren't sure about how the litigation process operates.

In this blog post, we will look at five milestones in litigation that every personal injury lawyers case must be through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident, you are required to file a lawsuit. If you don't submit your claim within the timeframe, it is almost always dismissed.

When a case is filed, the parties begin a process of discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will present a settlement demand. But, your lawyer is not able to make a demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.

If you've been injured by a government agency or a physician working for the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your attorney can explain them in greater detail. In general, these cases are quicker to resolve than other cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the 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 as well as the cases of wrongful death.

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

The statute of limitation can also be shortened or extended in certain cases like when the plaintiff is underage or has a mental disability. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences for the victim and injury their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical care, lost wages, and the expenses associated with an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property as well as the cost of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, such as a multiplier of 1.5 to 5. General damages are typically greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it's not an obligatory element in every injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you want. Then, both sides will talk alone with the mediator. Then, you will offer counteroffers and exchange ideas to reach a resolution.

The negligent party and the victim of injury would like to go to trial therefore the goal is to settle the matter in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been involved in a workplace accident or auto accident. Contact us today to set up a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a case to peers to the jury. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you will receive to pay for your injuries, costs and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge, or injury a jury at the bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.