How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, Injury attorneys filing a lawsuit can help you obtain damages to pay medical bills and to make up for lost income. Many people are unsure of the process of litigation.

This blog post will talk about five steps that all personal injury attorneys claims must go through.

Time to File

Each state has a statute that limits the time you have to start a lawsuit following an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. This can take a long time depending on the complexity of the case.

A good lawyer will then present a settlement demand. Your attorney can only make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional deadlines if you were injured by an organization of the government or by a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain them in more detail. Generally the cases are solved more quickly than other cases.

Statute of limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are exceptions to this rule that can stop it in certain circumstances. For instance the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations may be shortened or even tolled. For example when the plaintiff is mentally handicapped or is under the age of. It is recommended to consult an experienced lawyer for Injury Attorneys to determine the specific statute of limitations that applies to your situation. If you try to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim.

Damages

If a person wins an injury case is entitled to damages. These may include money to cover the cost of the victim's medical treatment as well as lost wages and the costs related to an accident. Other types of damages compensate a person who suffers from emotional distress or lost satisfaction because of an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, including the cost to repair or replace damaged property and the amount of lost wages if an injury prevented you from working or required you to take time off or sick. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as a factor of 1.5 to 5. General damages are typically greater for serious injuries than for minor or short-term injuries.

Mediation

While it's not required in any injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like. The two parties will discuss their differences with the mediator. Then, you can offer counteroffers and exchange ideas to reach a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your attorney may decide that a trial is required. This will be based on your specific circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

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

During the trial the lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that the financial damages needed pay for your expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a judge or jury during a bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages could you be awarded.