The Main Problem With Injury Lawsuit And How You Can Resolve It

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 can bring a lawsuit. Many people aren't sure about the procedure of suing.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must undergo.

Time to File

Every state has a law which limits the time you are required to file a lawsuit after an accident. If you do not file your claim within the timeframe, it will most likely be dismissed.

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

At this point, a skilled lawyer will make an offer for settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.

You may also be required to adhere to additional time limits if you've been injured by an organization of the government or by a physician who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater depth. Generally the cases are quicker to resolve than other cases.

Statute of Limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" begins to tick on the day that you were injured. There are a few exceptions to this rule that could cause it to stop in certain circumstances. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitations may be shortened or tolled. For example, if the plaintiff is mentally handicapped or is younger than. You should consult with an experienced injury attorney to determine the particular statute of limitations that applies to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins an injury attorney lawsuit is entitled damages. This could include money to cover the cost of the victim's medical expenses and lost wages as well as the expenses associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have applied in the same situation which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in higher general damages awards than smaller or less-permanent injuries.

Mediation

Mediation is not mandatory in every case of injury. However it can be used to resolve a dispute without having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you can offer counteroffers and exchange ideas to reach a resolution.

The negligent party and the victim of injury would like to go to court, so the goal is to settle through mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been involved in a workplace accident or auto accident. Contact us today for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney may decide that trial is necessary. This will be based on your specific circumstances, the strength of your evidence and the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so, how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and injury attorney you deserve financial damages to cover those expenses and losses. The defense will make use of evidence to argue 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 is issued by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much will you be awarded.