10 Facts About Injury Lawsuit That Can Instantly Put You In Good Mood

How the Injury Lawsuit Process Works

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

In this blog post, we will review five legal milestones that each personal injury claim has to be able to pass through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident when you have to start a lawsuit. If you don't make a claim within this timeframe, it will almost always be dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the nature of the case.

A good lawyer will then offer a settlement. However, your lawyer cannot make a demand until after you are at the point of maximum medical improvement and are as fully recovered as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by a government entity the government or a medical professional who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain these in greater detail. In general these cases can be solved more quickly than other cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. For example, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitations may be shortened or even tolled. For instance, if the plaintiff is mentally disabled or is younger than. You should consult with an experienced attorney for injury lawsuits to determine the specific statute of limitations that applies to your situation. If you try to file 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

If a person is awarded a personal injury lawsuit is entitled to receive damages. These can include money to cover the cost of the medical treatment of the victim, lost wages, and the expenses related to an accident. Other damages can compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that defendant failed to act in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property or the value of lost wages if an injury prevented you from working or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in greater general damage awards than minor or temporary injuries.

Mediation

While it is not a mandatory part of any injury Law firms case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount you want. The mediator will then discuss the matter with both sides in a private setting. Then, you'll make counter-offers and exchange proposals to reach a resolution.

The purpose of mediation is achieving a settlement that neither the liable party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case isn't resolved out of court. This will be based on your individual circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a case of peers before jurors. The jury will decide if 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 show that the negligence of the defendant contributed to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, injury Law firms which is issued by either a 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 should be awarded.