Ten Things You Learned In Kindergarden They'll Help You Understand Inj…

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 for medical expenses and make up for lost income. However many people are confused about how the litigation process operates.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must undergo.

Time to File

Each state has a statute that limits the time you must make a claim following an accident. If you do not file your claim within the window, it will almost always be dismissed.

Once a case is filed, the parties begin a process called discovery, which involves exchanging information such as documents, Injury Lawyer witness testimony and depositions. It could take a few months, depending on the complexity of the case.

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

There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or by a physician who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more depth. These cases are usually resolved faster than other cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for example allows you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain cases the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally handicapped or is underage. Get an experienced injury lawyer (helpful resources) to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

The person who wins an injury case is entitled to damages. They may include compensation for medical costs, lost wages and the costs associated with an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury based upon evidence presented to the court. Your attorney will argue that defendant failed to perform in a manner that a reasonable person would have done in the same situation. This resulted in your injury lawyers.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property as well as the amount of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Although it's not a mandatory part of any injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're expecting and how much money you want. The mediator will then discuss the matter with both sides in a private setting. Then, you can make counter-offers and exchange offers for a resolution.

The purpose of mediation is to arrive at an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step to avoid the long and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case to peers before the jury. The jury will decide if the defendant was negligent, and if they were what amount of compensation is due to cover your injuries, financial losses and other expenses.

During the trial, injury lawyer your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will provide evidence to argue your claims and stop them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be issued by a judge or a jury at the bench trial. It will determine if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.