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 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 litigation process.

This blog post will cover five milestones that all personal injury claims must be able to pass through.

Time to File

Every state has a statute of limitations which defines the time frame after an accident when you have to start a lawsuit. If you don’t file your claim in this time frame the claim is almost always dismissed.

Once a case is filed the parties will then begin an investigation process that involves exchanging documents witness testimony, Injury lawsuit documents, and depositions. Depending on the nature of your case, this may take months.

At this point, an experienced lawyer will submit an agreement demand. However, your attorney cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

You could also be required to adhere to additional time limits if you were injured by an entity of the government or a medical professional who works for the government. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your lawyer can provide more details. Generally these cases are quicker to resolve than other cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, “the clock” of the statute of limitations starts to run on the day the injury. However there are exceptions to this rule that could effectively pause the clock in certain circumstances. For instance the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) your injury.

The statute of limitation can be extended or reduced in certain situations like when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences on the victim and the family members of the victim.

Damages

A person who is awarded an injury lawsuit is entitled to damages. They could include compensation for the victim’s medical costs or lost wages as well as other injuries-related costs. Other kinds of damages compensate a person who has suffered emotional distress or lost pleasure because of an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have applied in the same circumstance which resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

Although it’s not an obligatory element in any injury case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. After that, you’ll go back and forth with counteroffers and offers in order to find a solution.

The goal of mediation is to reach an agreement that neither the responsible party nor injured victim want to go to court. This is an essential step to avoid the lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Whether you are involved in an auto accident or workplace injury law firms, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for an appointment for a free consultation. We’ll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your individual circumstances, your evidence, Injury Lawsuit and the settlement offer from the defendant’s insurer.

During the trial, your attorney will present a case of peers to the jury. The jury will be responsible to determine if the defendant was negligent and, if so, how much compensation you’ll receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, which is handed down by a judge or jury in a bench trial, will determine if the defendant was negligent, and if so, the amount of financial compensation you are entitled to.