How the Injury law firms Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay your medical bills and to make up for lost income. Many people are unsure about the process of filing a lawsuit.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must be through.

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident to bring a lawsuit. If you do not file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. This can take a long time depending on the complexity of the case.

At this point, an experienced lawyer will make an offer for settlement. However, your lawyer can't make a demand until after you've reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government entity or a medical professional working for the government, you could have additional time constraints to meet 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 for each situation. Your lawyer can explain them in more detail. Generally, these cases are resolved more quickly than others.

Statute of Limitations

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

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. However there are exceptions to this rule that could effectively pause the clock in certain situations. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain cases for instance, when the plaintiff is younger or has a mental disability. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person wins an accident case is entitled to damages. This could include money to pay for the victim's medical expenses and lost wages as well as the costs caused by an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost enjoyment because of an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property as well as the value of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and Injury law firms insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. Severe injuries will generally result in greater general damages than those resulting from small or short-lasting injuries.

Mediation

Although it isn't a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on 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 the amount you would like to settle and what your expectations are. The mediator will then meet with both sides at a time. Then, you'll offer counteroffers and exchange ideas to find a solution.

The purpose of mediation is to reach an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is a vital step in avoiding the long and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Call us today to arrange an initial consultation for free. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your attorney might decide that going to trial is required. This will be based on your particular circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will argue your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if so what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that financial damages are needed to pay for your expenses and losses. The defense will provide evidence to defend themselves against your claims and stop them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, which is handed down by the judge or jury in a bench trial will determine if the defendant was negligent and, if so, the amount of financial damages you are entitled to.