Don’t Buy Into These “Trends” About Injury Lawsuit

How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical expenses or lost income, it is possible to make a claim. However, many people are unclear about how the process is conducted.

This blog post will cover five steps that all personal youngsville injury law firm claims have to be able to pass through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident when you have to make a claim. If you don’t submit your claim within this time frame it is nearly always dismissed.

After a case has been filed the parties begin a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this may take months.

A good lawyer will then offer a settlement. Your lawyer will only be able to 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 limits if you were injured by an entity belonging to the government or by a physician who is employed by the government. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your attorney will be able to explain these in greater detail. They are usually resolved faster than other types of cases.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different types of personal injury cases, including car accidents medical malpractice claims product liability claims, Vimeo.Com and wrongful death claims.

In most states, the statute of limitations “clock” begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. For instance the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can be reduced or even tolled in certain circumstances for instance, when the plaintiff is young or is mentally disabled. You should consult with an experienced attorney for injury to determine the specific statute of limitations that applies to your situation. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

A person who wins an injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim’s medical treatment, lost wages, and the expenses related to 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 lawyer will argue that the defendant did not behave with the level of care that reasonable people would have used in the same circumstance which resulted in your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property and the amount of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it’s not required in every injury case it can be used to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to find out what you’re hoping to achieve and how much you want. Then, the two parties will discuss their differences with the mediator. Then, you will make counteroffers and exchange offers to reach a resolution.

The goal of mediation is achieving a settlement that neither the liable party nor the victim who has been injured want to go to court. This is an important step to avoid the lengthy and stressful litigation process. The majority of guttenberg injury attorney cases settle through mediation, including those involving the most renowned insurance companies. If you’re involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up an appointment for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial if your case has not been resolved outside of court. This will be based on your particular circumstances and the quality of your evidence and the defendant’s insurance company’s settlement offer.

Your attorney will argue your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent and should they be awarded compensation you’ll receive to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to prove 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 present evidence to counter the allegations you make and to prevent them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be given by a juror or judge in the bench trial. It will decide if the defendant was negligent or if they were, how much financial damages should you be awarded.