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Some Wisdom On Injury Lawsuit From The Age Of Five
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 cover medical expenses and compensate for the loss of income. Many people aren't sure about the process of litigation.

This blog post will go over five stages that all personal injury claims must be able to pass through.

Time to File

Each state has a statute that limits the amount of time you have to start a lawsuit following an accident. If you don't file your claim within the time frame, it will most likely be dismissed.

Once a case is filed and the parties are able to start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

A good lawyer will make a settlement request. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government agency or a medical professional working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are very specific to each case. Your lawyer will be able to explain these in greater detail. They are usually resolved quicker than other types of cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds 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 most states the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to the rule which could cause it to stop in certain situations. The discovery rule, for example, allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain cases like when the plaintiff is young or is mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to make a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages

The person who wins an injury lawsuit is entitled to damages. They can include money to cover medical expenses or lost wages as well as other incident-related expenses. Other damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have used in the same situation that led to your injury.


Special damages are usually simple to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working or caused you to take time off or sick. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. Serious injuries typically lead to higher general damages awards than minor or short-lasting injuries.

Mediation

While it's not an obligatory element in every injury case it can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides alone. After that, you'll exchange offers and counteroffers to find a solution.

The purpose of mediation is achieving an agreement where neither the liable party nor injured party want to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

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While the majority of injuries are settled out of court, your attorney might decide that a trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a case of peers before the jury. The jury is responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and the financial damages you receive are necessary to pay for your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge, or a jury at a bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.

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