9 Things Your Parents Teach You About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and to make up for lost income. Many people are unsure of the process of filing a lawsuit.

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

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident when you have to file a lawsuit. If you fail to file your claim in the timeframe it is nearly always dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and injury Lawsuit depositions. This could take months, depending on the complexity of the case.

At this point, an experienced lawyer will present an agreement demand. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.

You may also have to adhere to additional time limitations if injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer will be able to explain these in more detail. Generally these cases can be faster to be resolved than other ones.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. There are a few exceptions to this rule, which could effectively pause it in certain instances. For instance the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally disabled or underage. It is best to speak with an experienced lawyer for injury to determine the precise limitation period that applies to your situation. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to damages. These can include money to pay for the medical treatment of the victim or lost wages, as well as the expenses associated with an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional pain 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 failed to perform the act with the same level of care that an average person would have used in the same circumstance that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury law firm prevents you from working or causes you to take a vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages are generally higher for severe injuries than for minor or short-term injuries.

Mediation

Although it's not required in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. Then, you'll exchange counteroffers and offers in order to reach a settlement.

Both the party responsible for the negligence and the injured victim wants to go to trial and so the aim is to settle through mediation. This is a vital step to avoid a lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your attorney may decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide whether the defendant was negligent, and if they were then how much compensation should be awarded to cover your injuries, financial losses, and expenses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your expenses and losses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict, which is given by the judge or jury in a bench trial will decide if the defendant was negligent and, if so, what amount of financial compensation you are entitled to.