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How The 10 Worst Injury Lawsuit Errors Of All Time Could Have Been Prevented
How the Injury Lawsuit Process Works

If you've been injured in an accident and want to seek compensation for medical expenses or lost income, you can file a lawsuit. However there are many who aren't clear about how the process is carried out.

In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Each state has its own statute of limitations which defines the time frame after an accident when you have to bring a lawsuit. If you don't file your claim within this timeframe, it will most likely be dismissed.

Once a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. This could take months depending on the complexity of the case.

At this point, a good lawyer will present an offer of settlement. The lawyer can only make this demand after you have reached maximum medical improvement.

If you were injured by a government agency or a doctor employed by the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in greater detail. In general these cases are solved more quickly than other cases.

Statute of limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a wide range of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations starts to run the day you were injured. However, there are exceptions to this rule, which can effectively stop the clock in certain cases. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitations may be reduced or extended. For example when the plaintiff is mentally handicapped or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and their family.

Damages


A person who wins a personal injury lawsuit is entitled to damages. These may include money to pay for the victim's medical treatment and lost wages as well as the expenses caused by an accident. Other kinds of damages compensate a person who is suffering from emotional distress or lost pleasure due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that defendant did not act in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or forces you to take vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation is not required for every injury case. However it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like to spend. Then, the two sides will have a private discussion with the mediator. Then, you will make counter-offers and exchange offers for a resolution.

The purpose of mediation is to reach an agreement that neither the liable party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. injury attorney lowell can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your individual circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your attorney will present a defense of peers before the jury. The jury will be accountable for determining whether the defendant was negligent, and should they be awarded compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict will be given by a judge, or a jury during the 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.

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