How the injury law firms Lawsuit Process Works

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

In this blog post, we'll review five legal milestones that every personal injury lawsuit must go through.

Time to File

Each state has its own statute of limitation that specifies the time frame after an accident, you are required to make a claim. If you don't file your claim in the timeframe it is nearly always dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the nature of the case, this might take months.

A good lawyer will make a settlement request. Your lawyer can only make this demand after you have achieved your maximum medical improvement.

If you were injured by a government agency or a doctor working for the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in more detail. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after you've been injured. There are a few exceptions to this rule that can stop it in certain instances. For example the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitation may be reduced or extended. For instance, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury attorney to determine the exact statute of limitations applicable to your particular situation. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.

Damages

If a person wins an injury lawsuit is entitled to damages. These can include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses caused by an accident. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury lawyer (read this post here) prevents you from working or requires you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used to settle a dispute and avoid having a judge or injury lawyer jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask you questions to find out what you are expecting and how much money you'd like. The mediator will then meet with both sides alone. Then, you'll exchange counteroffers and offers in order to 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 through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you have been involved in a workplace accident or an auto accident. Contact us today for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.

During the trial, your lawyer will present your case to peers to a jury. The jury will be responsible for determining whether the defendant was negligent, and if so, injury lawyer how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to show that the defendant's negligence led to your injuries and financial damages are required to cover your losses and expenses. The defense will make use of evidence to counter your claims, and stop them from having to pay you any amount. After both sides have given their closing arguments the jury will then deliberate. The verdict will be issued by a judge or jury in the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.