How the Injury Law Firms Lawsuit Process Works

If you have been injured in an accident and you need to get compensation for medical bills or lost income, you could file a lawsuit. Many people are unsure of the litigation process.

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

Time to File

Each state has a statute of limitations that sets the time period after an accident when you have to bring a lawsuit. If you don't file your claim within this period, it is most likely be dismissed.

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

At this point, a skilled lawyer will issue an offer of settlement. The lawyer can only make this demand after you have reached maximum medical improvement.

You may also be required to adhere to additional deadlines if you were injured by a government entity the government or injury Law Firms a medical professional who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. These cases are usually resolved faster than other types of cases.

Statute of limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to this rule that can effectively stop it in certain circumstances. The discovery rule, for example allows you to file 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 may be shortened or tolled. For instance when the plaintiff is mentally disabled or underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an accident case is entitled to compensation. These can include money to pay for the victim's medical care and lost wages as well as the expenses that result from an accident. Other kinds of damages compensate someone who is suffering from emotional distress or lost enjoyment because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or forces you to take vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. Serious injuries typically result in greater general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it isn't a mandatory part of any injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you are expecting and how much you'd like to spend. The mediator will then discuss the matter with both sides at a time. Then, you'll make counter-offers and exchange offers in order to reach a decision.

The purpose of mediation is to arrive at an agreement that neither the negligent party nor the victim who has been injured want to go to court. This is an important step to avoid the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney might decide that trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

During the trial, your attorney will present your case to peers before a jury. The jury will be responsible for determining if the defendant was negligent and, in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.

During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries. They will also show that financial damages are needed to cover your expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by a judge or jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages are entitled to.