10 Reasons Why People Hate Injury Lawsuit. Injury Lawsuit

How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical expenses or lost income, you could start a lawsuit. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will review five legal milestones that every personal injury case must be through.

Time to File

Each state has a statute of limitation that specifies the time frame after an accident, you are required to make a claim. If you don't file your claim within the period, it is almost always be dismissed.

After a case has been filed the parties begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

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

If you were injured by a government agency or a physician working for the government, you could be subject to additional time limits to adhere to in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your attorney can explain them in greater depth. These cases are usually resolved faster than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury law cases including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" begins to tick on the day you became injured. There are exceptions to the rule that can stop it in certain instances. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury claim.

In some cases, the statute of limitations could be reduced or torpedoed. For example when the plaintiff is mentally disabled or is underage. You should consult with an experienced injury attorney to determine the particular statute of limitations that applies to your situation. If you try to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. These can include money to cover medical expenses as well as lost wages and other incident-related expenses. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to act 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, and the amount of lost wages if an injury stopped you from working or forced you to be absent or stay with me take vacation time. General damages, also known as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages are generally greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. The two parties will sit down with the mediator. After that, you'll be back and forth with counteroffers and offers to come to a resolution.

The party who is at fault and the victim who was injured want to go to court, so the goal is to settle in mediation. This is an important step to avoid the lengthy and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to arrange a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your attorney may decide that trial is required. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present your case to peers to the jury. The jury will be responsible 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 and that the financial damages needed cover your expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, which is delivered by jurors or judges in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial damages are entitled to.