How Do I Explain Injury Lawsuit To A Five-Year-Old

How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical bills or lost income, you could bring a lawsuit. A lot of people aren't certain about the process of filing a lawsuit.

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

Time to File

Every state has a law which limits the time you are required to bring a lawsuit following an accident. If you do not file your claim in this time frame it is nearly always dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the complexity of the case.

At this point, a good lawyer will submit an agreement demand. However, your lawyer cannot make a demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

If you were injured by a government entity or a doctor employed by the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can clarify these more in detail. In general, these cases are 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 expires. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to the rule that could effectively pause it in certain cases. For Injury lawyers instance the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally impaired or is underage. Consult an experienced injury law firms lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled damages. These could include funds to cover the cost of the victim's medical treatment as well as lost wages and the expenses related to an accident. Other damages can compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have exercised in the same circumstance, which led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property or the cost of lost wages if an Injury lawyers stopped you from working or caused you to use sick or vacation time. General damages, also known as pain and injury lawyers suffering, are harder to quantify. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a factor of 1.5 to 5. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in all injury cases. However it can be used to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like. The mediator will then talk with both sides alone. After that, you'll alternate between counteroffers and offers in order to find a solution.

Both the party responsible for the negligence and the victim who was injured want to go to trial Therefore, the best option is to settle through mediation. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to schedule an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will argue your case to a jury during the trial. The jury is responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and you have a right to financial damages to cover the costs and losses. The defense will use evidence to argue your claims, and stop them from having to pay any amount. After both sides have given their closing arguments and the jury deliberates. The verdict will be announced by a juror or judge during the bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages should you be awarded.