We’ve Had Enough! 15 Things About Injury Lawsuit We’re Tired Of Hearing

How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical expenses or lost income, you may make a claim. However many people aren’t sure about how the litigation process works.

This blog post will talk about five milestones that all personal injury claims must be able to pass through.

Time to File

Each state has a statute which limits the time you have to make a claim following an accident. If you do not file your claim within this timeframe, it will most likely be dismissed.

Once a case is filed and the parties are able to begin a process known as discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

At this point, an experienced lawyer will make a settlement demand. However, your attorney cannot make a demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

If you’ve been injured by a government entity or a doctor working for Vimeo.com the government, you may be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are commonly referred to as “discovery rules” or equitable tolling, and are unique to each specific situation. Your lawyer can explain them in more depth. In general the cases are resolved more quickly than others.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it’s important to file an injury lawsuit before your state’s statute of limitations 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 and wrongful death cases.

In the majority of states, “the clock” of the statute of limitations starts to tick the day after you’ve been injured. There are a few exceptions to the rule which can stop it in certain cases. For instance the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitation can also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating effects on the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to damages. This could include money to pay for the medical treatment of the victim or lost wages, as well as the expenses that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost enjoyment because of an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to act with the level of care that an average person would have exercised in the same circumstance that led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property as well as the amount of lost earnings if an niles injury law firm prevented you from working or caused you to use sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to result in higher general damages than minor or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine how much you’d like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. After that, you will go back and forth with counteroffers and offers to come to a resolution.

The goal of mediation is to arrive at an agreement where neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid the long and stressful process of litigation. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule an initial consultation for free. We can meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a defense of peers to a jury. The jury will be responsible to determine if the defendant was negligent and if so, how much compensation you will receive to pay for your injuries, costs and financial losses.

During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is issued by either the judge or a jury in a bench trial will determine if the defendant was negligent and should it be determined what amount of financial damages you should be awarded.