How the injury attorney Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and replace lost income. A lot of people aren't certain about the process of litigation.

This blog post will go over five important milestones that all personal injury claims have to go through.

Time to File

Every state has a law that limits the amount of time you are required to make a claim following an accident. If you do not submit your claim within this time frame, it will almost always be dismissed.

After a case has been filed the parties will then begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months.

At this point, a good lawyer will present an offer for settlement. Your lawyer can only make this demand after you have achieved your maximum medical improvement.

If you were injured by a government entity or a doctor employed by the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more depth. These cases are typically resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety 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 ticking on the day you became injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. The discovery rule, for example allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be extended or reduced in certain situations like when the plaintiff is young or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating consequences for the victim and their family.

Damages

The person who wins an accident case is entitled to damages. They can include money for medical costs or lost wages as well as other injuries-related costs. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that reasonable people would have applied in the same situation which led to your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property or the amount of lost wages if an injury prevented you from working or caused you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in higher general damages than small or short-lasting injuries.

Mediation

While it's not an obligatory element in any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then speak with both sides on their own. You will then make counter-offers and exchange proposals in order to reach a decision.

The aim of mediation is to come to a settlement that neither the party who is at fault nor the injured victim want to go to court. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, injuries your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will argue your case before a jury during the trial. The jury will determine whether the defendant was negligent and if they were the amount of compensation that is due to compensate your financial losses, injuries - Full Document -, and expenses.

During the trial, injuries your lawyer will use evidence to show that the defendant's negligence caused your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, issued by either a judge or jury in a bench trial will determine if the defendant was negligent, and should it be determined what amount of financial damages are entitled to.