Wisdom On Injury Lawsuit From A Five-Year-Old

How the Injury Lawsuit Process Works

If you’ve been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay medical bills and replace lost income. A lot of people aren’t certain about the process of filing a lawsuit.

This blog post will cover five milestones that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute that limits the time you have to make a claim following an accident. If you don’t submit your claim within this window, it will most likely be dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this could take months.

At this point, a skilled lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

You may also have to adhere to additional time limitations if injured by an entity belonging to the government or a medical professional who works for the government. These are generally referred to as «discovery rules» or equitable tolling, and are unique to each situation. Your attorney can explain them in greater detail. These cases are typically resolved faster than other cases.

Statute of Limitations

It is crucial 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 lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, the statute of limitations «clock» starts ticking on the day you were injured. There are some exceptions to this rule, which could effectively pause it in certain situations. For example the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

In some instances the statute of limitations may be reduced or extended. For example when the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury attorney to determine the specific limitation period that applies to your case. If you attempt to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim and his or her family.

Damages

A person who wins an injury lawsuit is entitled damages. These could include funds to pay for the victim’s medical expenses or lost wages, as well as the costs caused by an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of satisfaction because of an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property as well as the amount of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages are typically higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it’s not a mandatory part of any injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. At mediation, injury attorney you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you’re expecting and the amount of money you’d like. The mediator will then meet with both sides in a private setting. Then, you’ll make counter-offers and exchange offers to reach a resolution.

Neither the negligent party nor the victim who was injured want to go to court Therefore, the best option is to settle through mediation. This is a vital step in avoiding the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your attorney may decide that trial is necessary. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company of the defendant’s offer.

Your lawyer will argue your case to a jury during the trial. The jury will be responsible to determine if the defendant was negligent, and in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to counter your claims and stop them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is handed down by a judge or jury in a bench trial, will determine if the defendant was negligent and, if so, the amount of financial damages you are entitled to.