Do Not Buy Into These "Trends" About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and replace lost income. Many people are unsure about the process of litigation.

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

Time to File

Every state has a law which limits the time you have to make a claim following an accident. If you do not file your claim in the timeframe it is nearly always dismissed.

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

A reputable lawyer will offer a settlement. But, your lawyer is not able to make this demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

There is also the possibility that you must adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are extremely specific to each particular situation. Your attorney will be able to provide more details. In general, these cases are faster to be resolved than other ones.

Statute of limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different kinds of personal injury lawyers claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In most states, the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for example permits you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally handicapped or is under the age of. It is recommended to consult an experienced injury claim (go to the website) attorney to determine the exact statute of limitations applicable to your situation. If you try to submit a claim after the time limit has expired the case could be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

Anyone who prevails in an injury case is entitled to damages. These can include money to pay for Injury Claim the medical treatment of the victim or lost wages, as well as the expenses that result from an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or lost satisfaction due to an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that an average person would have exercised in the same circumstance which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. The most severe injuries are likely to lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

While it is not required in any injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The two sides will talk alone with the mediator. Then, you will make counter-offers and exchange proposals in order to reach a decision.

The aim of mediation is to arrive at a settlement that neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been injured in a workplace accident or auto accident. Contact us today to set up a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

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

Your lawyer will argue your case to a jury of peers during the trial. The jury is 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 attorney will present evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to defend themselves against your claims and stop them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a juror or judge at the bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much are you entitled to.