Are You Responsible For A Injury Lawsuit Budget? 10 Ways To Waste Your Money How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to claim compensation for medical expenses or lost income, you may file a lawsuit. Many people aren't sure about the procedure of suing.

In this blog post, we'll look at five milestones in litigation that each personal injury claim has to be through.

Time to File

Each state has a statute of limitation that specifies the amount of time after an accident that you must make a claim. If you fail to file your claim in the timeframe it is usually dismissed.

Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. Based on injury case edmond of your case, this may take months.

At this point, a skilled lawyer will issue a settlement demand. But, your lawyer is not able to make a demand until you are at the point of maximum medical improvement and are as fully recovered as possible.

If you were injured by a government agency or a doctor employed by the government, you may be subject to additional time limitations to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in more depth. These cases usually settle faster than other types of cases.

Statute of Limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, the statute of limitations "clock" starts ticking on the day that you were injured. There are a few exceptions to the rule that can effectively stop it in certain situations. For instance the discovery rule permits you to file a case when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or tolled in some cases, such as when the plaintiff is young or has a mental disability. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

Anyone who prevails in an accident case is entitled to compensation. They can include money for medical expenses loss of wages, as well as the costs associated with an accident. Other types of damages compensate someone who is suffering from emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages determined by the evidence provided 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 which resulted in your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property, and the amount of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also referred to as pain and suffering are harder to quantify. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Although it isn't an essential element of every injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers to come to a resolution.

Both the party responsible for the negligence and the victim of injury would like to go to court, so the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

During the trial, your attorney will present a defense of peers before a jury. The jury will be responsible to determine if the defendant was negligent, and if so, how much compensation you'll receive 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 led to your injuries, and that financial damages are needed to compensate for your losses and expenses. The defense will present evidence to argue the allegations you make and to prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or a jury at the bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.