How the injury attorneys Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical expenses or lost income, you can file a lawsuit. However many people aren't sure about how the process works.

In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Every state has a statute of limitations that sets the time frame after an accident, you are required to make a claim. If you fail to file your claim in this time frame it is nearly always dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.

At this point, a skilled lawyer will present an offer of settlement. However, your attorney cannot issue a settlement demand until you have reached the point of maximum medical improvement and are as fully recovered as possible.

You may also have to adhere to additional time limits if you've been injured by an entity belonging to the government or by a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in more detail. In general the cases are resolved more quickly than others.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts ticking on the day that you were injured. However, there are exceptions to this rule that can effectively stop the clock in certain circumstances. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or extended in some cases like when the plaintiff is younger or mentally disabled. It is best to speak with an experienced injury lawyer to determine the particular time limit that applies to your case. If you attempt to file 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 his or her family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. These can include money for medical costs 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 loss of pleasure because of an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or forces you to take a vacation or sick leave are simple to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't mandatory in all injury cases. However, it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides alone. After that, you'll be back and forth with counteroffers and offers until you come to a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial, so the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. The majority of injury lawyers cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not settled outside of court. This will be based on your individual circumstances and injury lawsuit the strength of your evidence and the insurance company that insured the defendant's offer.

During the trial, your lawyer will present a case of peers before the jury. The jury will determine whether the defendant was negligent, and if they were the amount of compensation that is due to compensate your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or jury at the bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.