How the injury lawyer Lawsuit Process Works

If you've been injured by an accident and are unable to recover damages for medical bills or lost income, you can start a lawsuit. Many people are unsure of the process of litigation.

In this blog post, we will discuss five litigation milestones that every personal injury claim must be through.

Time to File

Each state has its own statute of limitations which defines the amount of time after an accident that you must start a lawsuit. If you fail to file your claim in this time frame it is nearly always dismissed.

When a case is filed, the parties start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

A good lawyer will offer a settlement. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by a government entity the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more detail. These cases are usually resolved faster than other cases.

Statute of limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different kinds of personal injury cases 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 became injured. There are a few exceptions to this rule that can effectively stop it in certain cases. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain situations like when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences on the victim as well as their family.

Damages

Anyone who prevails in a personal injury case is entitled to compensation. They could include compensation for medical costs as well as lost wages and other accident-related costs. Other damages could be awarded to compensate for injury law firm the loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant did not act in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation is not mandatory in all injury cases. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then meet with both sides alone. Then, you'll be back and forth with offers and counteroffers to reach a settlement.

The aim of mediation is achieving an agreement that neither the responsible party nor injured victim want to go to court. This is a vital step to avoid a lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an accident in your vehicle or a workplace injury law firm, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to set up an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your attorney might decide that going to trial is required. This will be based on your particular circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present your case to peers before the jury. The jury will determine whether the defendant was negligent and if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss, and expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay you any amount. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be announced by a juror or judge at a bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages could you be awarded.