12 Companies Are Leading The Way In Injury Lawsuit

How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to claim compensation for medical bills or lost income, you could make a claim. However there are many who aren't clear about how the litigation process operates.

In this blog post, we will look at five milestones in litigation that every personal injury claim must go through.

Time to File

Every state has a statute of limitations that defines the period of time following an accident to make a claim. If you don't file your claim within this window, injury lawsuit it will most likely be dismissed.

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

A good lawyer will then submit a settlement request. But, your lawyer is not able to make a demand until after you've reached the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government organization or a doctor employed by the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling and are specific to each situation. Your attorney will be able to clarify these more in detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal injury lawyer lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. The discovery rule, for instance allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can also be shortened or tolled in some cases for instance, injury lawsuit when the plaintiff is underage or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you try to file a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences on the victim and their family.

Damages

If a person is awarded a personal injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical care or lost wages, as well as the expenses associated with an accident. Other types of damages compensate someone who has suffered emotional distress or lost pleasure due to 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 act with the level of care that reasonable people would have exercised in the same circumstance that led to your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property and the value of lost wages if an injury stopped you from working or required you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. Severe injuries will generally lead to higher general damages than small or short-lasting injuries.

Mediation

While it is not an essential element of every injury case it can be used to settle disputes without having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with an impartial third party called mediator.

The mediator will ask you questions to find out what you are expecting and how much money you'd like. The mediator will then discuss the matter with both sides alone. You will then make counter-offers and exchange proposals to reach a resolution.

The negligent party and the victim of injury lawyer would like to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your attorney will argue your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if so the amount of compensation that is due to cover your injuries, financial losses, and expenses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to cover your losses and expenses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, which is given by the judge or jury in a bench trial will determine whether the defendant was negligent and, in the event of negligence, what amount of financial compensation you are entitled to.