A Provocative Rant About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to cover medical expenses and replace lost income. However many people are confused about how the litigation process operates.

In this blog post, we'll examine five key litigation milestones every personal injury claim must be able to pass through.

Time to File

Each state has a statute which limits the time you can file a lawsuit after an accident. If you don't submit your claim within the timeframe it is usually dismissed.

Once a case is filed, the parties start a process called discovery that involves exchanging information like witness statements, documents and depositions. Depending on the complexity of the case, this might take months.

At this point, an experienced lawyer will submit an offer for settlement. The lawyer can only make this demand injury lawyer after you have reached maximum medical improvement.

If you were injured by a government agency or a doctor employed by the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling, and are specific to each case. Your lawyer will be able to explain these in greater detail. In general, these cases are quicker to resolve than other cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many different kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. There are exceptions to this rule, which could effectively pause it in certain cases. The discovery rule, for example, allows you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally impaired or is younger than. It is recommended to consult an experienced injury lawyer (made my day) to determine the particular limitation period that applies to your situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury lawyers case is entitled to compensation. They may include compensation for medical costs or lost wages as well as other injuries-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not take the proper care that an average person would have applied in the same circumstance which led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it's not an obligatory element in every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you'll exchange counteroffers and offers until you reach a settlement.

The goal of mediation is achieving an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is an essential step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an appointment with us for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

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

During the trial, your attorney will present a case of peers to jurors. The jury is responsible for determining whether the defendant was negligent and should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover the costs and losses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay you any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be given by a judge or jury at a bench trial. It will decide whether the defendant was negligent and, if they were the case, what financial damages could you be awarded.