Notes

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

If you have been injured in an accident and want to claim compensation for medical bills or lost income, it is possible to make a claim. However many people aren't sure about how the litigation process works.

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

Time to File

Each state has a statute which limits the time you must start a lawsuit following an accident. If you fail to file your claim in this time frame the claim is almost always dismissed.

Once a case is filed and the parties are able to begin a process of discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

A good lawyer will then offer a settlement. However, your lawyer can't make a demand until after you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

You could also be required to adhere to additional time limits if you've been injured by a government entity the government or a medical professional who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling and are specific to each specific situation. Your lawyer can explain them in greater depth. These cases usually settle quicker than other types of cases.

Statute of limitations

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

In the majority of states, the statute of limitations "clock" starts to tick when you are injured. There are a few exceptions to the rule that could effectively pause it in certain cases. For instance, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitations could be reduced or even tolled in some cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as their family.

Damages

A person who wins in an injury lawsuit is entitled to compensation. These could include funds to pay for the victim's medical expenses, lost wages, and the costs that result from an accident. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident.

injury case corona of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property or the cost of lost wages if an injury kept you from working or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then speak with both sides alone. Then, you'll make counteroffers and exchange offers to reach a resolution.


The goal of mediation is to come to a settlement that neither the negligent party nor injured victim would prefer to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney 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 personal circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present your case to peers before jurors. The jury is responsible to determine if the defendant was negligent, and should they be awarded compensation you should receive to pay for your injuries, costs 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 the financial damages you receive are necessary to pay for your expenses and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a juror or judge during the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.

Homepage: https://vimeo.com/706955480