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The Most Hilarious Complaints We've Seen About Injury Lawsuit
How the Injury Lawsuit Process Works

If you have been injured in an accident and need to get compensation for medical expenses or lost income, you may make a claim. Many people are unsure about the process of litigation.

This blog post will cover five steps that all personal injury claims have to go through.

Time to File

Each state has a statute that restricts the time you must start a lawsuit following an accident. If you fail to submit your claim within the timeframe it is nearly always dismissed.

When a case is filed the parties begin a process of discovery that involves exchanging information like documents, witness statements and depositions. Based on the complexity of your case, this could take months.

A good lawyer will make a settlement request. However, your lawyer can't make a demand until you've reached the point of maximum medical improvement and are as recovered as possible.


If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain these in greater detail. They are usually resolved faster than other types of cases.

Statute of Limitations

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

In most states the statute of limitations "clock" begins to tick when you are injured. There are exceptions to the rule that can effectively stop it in certain instances. For example, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.

In certain circumstances, the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally disabled or is under the age of. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who is awarded 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 costs that result from an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life due to an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same circumstance that led to your injury.

Special damages are usually simple 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, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in greater general damages awards than minor or short-lasting injuries.

Mediation

While it is not a mandatory part of any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then speak with both sides in a private setting. Then, you'll offer counteroffers and exchange ideas to find a solution.

injury law firm livermore of mediation is to arrive at an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been in a workplace accident or auto accident. Contact us today to set up an appointment for a no-cost consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if so what amount of compensation should be awarded to cover your injuries, financial losses, and expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries and financial damages are required to cover your losses and expenses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury at a bench trial. It will determine whether the defendant was negligent or not, and if so the case, what financial damages will you be awarded.