9 . What Your Parents Taught You About Injury Lawsuit

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and make up for lost income. Many people are unsure of the litigation process.

In this blog post, we'll review five legal milestones that every personal injury law firm case must be through.

Time to File

Each state has a statute that limits the amount of time you are required to make a claim following an accident. If you do not make a claim within this timeframe, it will most likely be dismissed.

Once a case is filed, the parties begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

A reputable lawyer will submit a settlement request. Your attorney can only make this demand once you have attained the highest level of medical improvement.

If you were injured by a government entity or a physician working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are very specific to each situation. Your attorney will be able to explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury cases including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is young or has a mental disability. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim as well as their family.

Damages

The person who wins a personal injury case is entitled to compensation. This could include money to pay for the victim's medical care and lost wages as well as the expenses caused by an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave, are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. General damages are typically more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it isn't an essential element of any injury law firm case it can be used to settle disputes without having a jury or judge decide on 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 determine what you are expecting and how much money you want. The mediator will then discuss the matter with both sides alone. Then, you'll be back and forth with counteroffers and offers in order to come to a resolution.

The goal of mediation is to come to an agreement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today for an initial consultation for free. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case of peers to a jury. The jury will decide whether the defendant was negligent and if they were what amount of compensation is due to cover your injuries, financial losses and other expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge or jury at a bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.