How the injury attorney Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical bills or lost income, you could file a lawsuit. However many people are confused about how the process is carried out.

This blog post will discuss five steps that all personal injury claims have to pass through.

Time to File

Every state has a law which limits the time you are required to make a claim following an accident. If you do not make a claim within this period, it is most likely be dismissed.

After a case has been filed the parties will then begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will make an agreement demand. However, your attorney cannot make this demand until you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

You may also be required to adhere to additional time limitations if injured by an organization of the government or injury lawyer a medical professional who works for the government. These are generally called "discovery rules" or equitable tolling, and are very specific to each particular situation. Your attorney can provide more details. These cases are typically resolved faster than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. The discovery rule, for example, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In some instances, the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations that applies to your particular case. If you try to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. This could include money to pay for the medical treatment of the victim, lost wages, and the expenses caused by an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of satisfaction because of an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have applied in the same situation that led to your injury lawyer.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property, and the amount of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages are usually greater for serious injuries than for minor or short-term injuries.

Mediation

While it is not an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you want. Then, both parties will discuss their differences with the mediator. You will then make counteroffers and exchange offers to find a solution.

The negligent party and the victim of injury would like to go to trial and so the aim is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that a trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your attorney will present a case of peers before jurors. The jury is responsible for determining if the defendant was negligent and, should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and financial damages are needed to cover your expenses and injury lawyer losses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a juror or judge in a bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages are you entitled to.