20 Trailblazers Setting The Standard In Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, you could start a lawsuit. However many people are confused about how the process works.

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

Time to File

Each state has a statute of limitations which defines the amount of time after an accident that you must make a claim. If you do not submit your claim within the timeframe it is usually dismissed.

After a case has been filed, the parties start a process called discovery. This involves exchanging information like documents, witness testimony and depositions. This could take months depending on the nature of the case.

At this point, an experienced lawyer will submit an offer for settlement. But, your lawyer is not able to make a demand until you are at the point of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government entity or a doctor working for the government, you could be subject to additional time limitations to meet in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your attorney can explain them in greater depth. In general these cases are resolved more quickly than others.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different types of personal hialeah injury lawyer lawsuits, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states the statute of limitations "clock" begins to tick when you are injured. There are exceptions to the rule that can stop it in certain instances. The discovery rule, injury attorney for instance permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In certain cases, the statute of limitation may be reduced or torpedoed. For example when the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury attorney to determine the specific statute of limitations that applies to your case. If you try to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

The person who wins an accident case is entitled to compensation. This could include money to pay for the medical treatment of the victim as well as lost wages and the costs associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or lost satisfaction because of an accident.

The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have applied in the same circumstance, which led to your injury.

Special damages are typically easy to calculate, like the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working or forced you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in greater general damages awards than minor or temporary injuries.

Mediation

Although it's not a mandatory part of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you expect and how much money you want. The mediator will then talk with both sides at a time. You will then offer counteroffers and exchange ideas for a resolution.

The party who is at fault and the victim who was injured want to go to court Therefore, the best option is to settle through mediation. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case is not settled outside of court. This will depend on your personal circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present your case to peers before jurors. The jury will be responsible for determining if the defendant was negligent and, should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any money. After both sides have made their closing arguments and the jury deliberates. 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 are entitled to.