How the Injury Lawsuit Process Works

If you've been injured by an accident and lawsuits are unable to claim compensation for medical bills or lost income, you may make a claim. Many people aren't sure about the procedure of suing.

This blog post will go over five milestones that all personal injury attorney claims must be able to pass through.

Time to File

Each state has a statute which limits the time you have to file a lawsuit after an accident. If you fail to file your claim in this time frame it is usually dismissed.

After a case has been filed the parties will then begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. This could take several months depending on the nature of the case.

At this point, an experienced lawyer will make an offer for settlement. However, your attorney cannot make a demand lawsuits until you've reached the stage of maximum medical improvement and are as well-as possible.

If you've been injured by a government agency or a medical professional working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in greater detail. In general these cases can be faster to be resolved than other ones.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day the injury. However, there are exceptions to this rule that could effectively pause the clock in certain cases. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is younger or has a mental disability. You should consult with an experienced injury lawyer to determine the particular limitation period that applies to your particular situation. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating effects on the victim and the family members of the victim.

Damages

A person who is awarded a personal injury lawsuit is entitled to receive damages. These can include money for medical costs loss of wages, as well as injuries-related costs. Other damages can provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same circumstance which resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave are simple to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. The most severe injuries are likely to lead to higher general damages than small or short-lasting injuries.

Mediation

While it's not an essential element of every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then speak with both sides in a private setting. Then, you will 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 responsible party nor the victim who has been injured want to go to court. This is a crucial step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Call us today to arrange a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial if your case has not been settled outside of court. This will be based on your particular circumstances, the quality of your evidence and the insurance company of the defendant's offer.

During the trial, your lawyer will present a case to peers to jurors. The jury will be accountable for determining if the defendant was negligent, and if so, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial damages are entitled to.