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

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and compensate for the loss of income. However many people are confused about how the litigation process is conducted.

injury lawsuit maine will go over five important milestones that all personal injury claims must go through.

Time to File

Every state has a law which limits the time you must bring a lawsuit following an accident. If you do not make a claim within this time frame, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this may take months.

At this point, a reputable lawyer will present a settlement demand. However, your lawyer can't make a demand until after you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government entity or a doctor employed by the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are extremely specific to each case. Your attorney can explain them in more depth. Generally the cases are resolved more quickly than others.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many different types of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule that could effectively pause the clock in certain situations. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be reduced or even tolled in certain circumstances for instance, when the plaintiff is younger or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations that applies to your particular case. If you attempt to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled to receive damages. They may include compensation for the victim's medical costs loss of wages, as well as the costs associated with an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

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

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property or the value of lost wages if an injury prevented you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Although it isn't an obligatory element in any injury case mediation is a method to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like. Then, the two parties will sit down with the mediator. After that, you'll be back and forth with offers and counteroffers to find a solution.


The goal of mediation is to arrive at an agreement in which 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, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your attorney may decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your attorney will present your case to a jury during the trial. 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, costs and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay you any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge, or a jury during a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages will you be awarded.

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