13 Things You Should Know About Injury Lawsuit That You Might Not Have Known

How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to seek compensation for medical expenses or lost income, you may bring a lawsuit. Many people are unsure of the litigation process.

This blog post will go over five milestones that all personal injury claims must go through.

Time to File

Each state has a statute that limits the time you must file a lawsuit after an accident. If you don't file your claim in this time frame, it is almost always dismissed.

After a case has been filed the parties will then begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this could take months.

A good lawyer will then present a settlement demand. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government organization or a doctor working for the government, you may have additional time constraints to adhere to in addition to the general statute of limitations. These are often called "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you've been injured. There are exceptions to the rule which could cause it to stop in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitation may be shortened or even tolled. For instance, if the plaintiff is mentally impaired or underage. It is recommended to consult an experienced injury attorney to determine the exact statute of limitations applicable to your situation. If you attempt to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

The person who wins an injury case is entitled to compensation. This could include money to pay for the victim's medical expenses and lost wages as well as the expenses caused by an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or lost enjoyment because of an accident.

The amount of damages is determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant did not act in a manner that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property as well as the amount of lost wages if an injury stopped you from working or required you to take time off or injury attorney sick. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

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

The mediator will ask you questions to find out what you expect and the amount you'd like to spend. The two sides will talk alone with the mediator. After that, you will go back and forth with counteroffers and offers to come to a resolution.

Both the party responsible for the negligence and the victim of injury would like to go to trial therefore the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for injury attorney you, no matter if you've been in an accident at work or an auto accident. Contact us today for an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

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

Your lawyer will argue your case before a jury during the trial. The jury will be accountable to determine if the defendant was negligent and in the event that they were, how much compensation you will receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages you receive are necessary to compensate for your losses and expenses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any amount. After both sides have made their closing arguments the jury will then deliberate. The verdict, issued by either a judge or jury in a bench trial will decide if the defendant was negligent and if so, the amount of financial damages you should be awarded.