How the Injury Lawyers Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. A lot of people aren't certain about the process of litigation.

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

Time to File

Each state has a statute that limits the amount of time you can start a lawsuit following an accident. If you do not file your claim within this timeframe, it will most likely be dismissed.

Once a case is filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months depending on the nature of the case.

At this point, an experienced lawyer will issue a settlement demand. Your lawyer will only be able to make this demand once you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limits if you've been injured by an organization of the government or a medical professional who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer can explain them in more depth. In general the cases are quicker to resolve than other cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to many different types of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In most states, the statute of limitations "clock" starts ticking on the day that you were injured. There are some exceptions to the rule that can effectively stop it in certain instances. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain cases like when the plaintiff is young or has mental disabilities. 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 make a claim after the deadline has passed the case could be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs related to an accident. Other kinds of damages compensate someone who has suffered emotional distress or lost enjoyment in life because of 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 act with the level of care that reasonable people would have used in the same circumstance which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or forces you to take a vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in higher general damages than minor or temporary injuries.

Mediation

Mediation isn't required in every case of injury. However, it can be used as a way to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then meet with both sides on their own. After that, you will alternate between counteroffers and offers to find a solution.

The aim of mediation is to arrive at an agreement in which neither the negligent party nor injured victim want to go to court. This is a crucial step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, the evidence you provide and Injury Lawyers the settlement offer made by the defendant's insurer.

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if they were then how much compensation is due to compensate your injuries, financial losses and other expenses.

During trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries and Injury Lawyers that financial damages are needed to compensate for your losses and expenses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or jury in the bench trial. It will decide whether the defendant was negligent or not, and if so the case, what financial damages will you be awarded.