공지사항

How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical bills or lost income, you may start a lawsuit. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will look at five milestones in litigation that every personal Injury Law claim must be through.

Time to File

Every state has a law that limits the amount of time you must file a lawsuit after an accident. If you do not submit your claim within this time frame it is nearly always dismissed.

Once a case is filed the parties begin a process known as discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this could take months.

A good lawyer will offer a settlement. Your attorney can only make this demand after you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your lawyer can clarify these more in detail. In general these cases can be quicker to resolve than other cases.

Statute of Limitations

It is vital to make a claim for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many types of personal injury claim claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you've been injured. However, there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for instance, allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be extended or reduced in some cases for instance, when the plaintiff is young or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to submit a claim after your time limit has expired the case could be dismissed by the court. This could have devastating consequences on the victim and his or her family.

Damages

A person who wins an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses, lost wages and accident-related costs. Other types of damages are awarded to a person who suffers from emotional distress or loss of satisfaction due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant did not behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are usually higher for severe injuries than for less serious or short-term injuries.

Mediation

Although it's not an essential element of any injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like. Then, the two parties will sit down with the mediator. Then, you'll go back and forth with counteroffers and offers to come to a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial therefore the goal is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. The majority of injury attorney cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury legal, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to arrange an appointment with us for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't resolved out of court. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if so what amount of compensation is due to cover your injuries, financial losses and other expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover the costs and losses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a judge or jury at the bench trial. It will determine if the defendant was negligent or not, and Injury law if so, how much financial damages will you be awarded.