Don t Believe These "Trends" About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay for medical expenses and compensate for the loss of income. A lot of people aren't certain about the procedure of suing.

In this blog post, we'll examine five key litigation milestones every personal injury claim must undergo.

Time to File

Each state has a statute which limits the time you must file a lawsuit after an accident. If you do not file your claim within this time frame, it will most likely be dismissed.

Once a case is filed the parties will then begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this could take months.

At this point, a skilled lawyer will present an offer for settlement. But, your lawyer is not able to make a demand until you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government agency or a medical professional working for the government, you may be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling, Injury Litigation and are unique to each situation. Your lawyer can explain them in more depth. Generally the cases are solved more quickly than other cases.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is important to file an injury attorneys lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. There are exceptions to the rule that can effectively stop it in certain cases. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally disabled or is underage. Get an experienced injury lawyers lawyer to determine the statute of limitations applicable to your situation. If you try to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

The person who wins a personal injury case is entitled to damages. These can include money to pay for the victim's medical treatment as well as lost wages and the expenses that result from an accident. Other damages could compensate a person for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same situation that led to your injury settlement.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property, and the amount of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance firms use an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in all injury compensation cases. However it is often used as a way to settle a dispute and avoid having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you expect and the amount of money you want. The two parties will discuss their differences with the mediator. Then, you'll alternate between counteroffers and offers to come to a resolution.

The purpose of mediation is to come to a settlement that neither the liable party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful process of litigation. Most cases of injury lawyers litigation (go here) settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been injured in a workplace accident or an auto accident. Call us today to arrange an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of the courtroom, your attorney could decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present your case to peers before jurors. The jury will decide whether the defendant was negligent and, if so then how much compensation should be paid to cover your injuries, financial losses and other expenses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover the costs and losses. The defense will use evidence to counter your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, issued by either a judge or jury in a bench trial will determine whether the defendant was negligent and if so, the amount of financial damages are entitled to.