How the injury lawsuits Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay your medical bills and compensate for the loss of income. A lot of people aren't certain about the process of litigation.

In this blog post, we'll look at five milestones in litigation that every personal injury lawyer lawsuit must be through.

Time to File

Every state has a law that restricts the time you have to start a lawsuit following an accident. If you don't file your claim within the window, it will most likely be dismissed.

Once a case is filed and the parties are able to begin a process called discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of your case, this could take months.

At this point, a skilled lawyer will present an offer for settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional time limitations if injured by an entity belonging to the government or by a doctor who works for the government. These are commonly referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can explain these in more detail. In general these cases can be solved more quickly than other cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to run the day you were injured. However there are exceptions to this rule that can effectively pause the clock in certain cases. 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 limitation can also be shortened or tolled in certain circumstances for instance, when the plaintiff is younger or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your case. If you try to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

A person who wins in a personal injury case is entitled to damages. They can include money for medical costs loss of wages, as well as the costs associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or lost enjoyment because of an accident.

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

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working, or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not mandatory in all injury cases. However it is often used as a way to resolve a dispute without having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like to spend. The mediator will then speak with both sides in a private setting. Then, injury lawyer you'll offer counteroffers and exchange ideas to reach a resolution.

The goal of mediation is achieving an agreement in which neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

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

During the trial, your attorney will present a case of peers to the jury. The jury will decide if the defendant was negligent and, if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that financial damages are required to pay for your expenses and losses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be announced by a judge, or a jury at the bench trial. It will decide whether the defendant was negligent or if they were, how much financial damages could you be awarded.