How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical expenses or lost income, it is possible to make a claim. However, many people are unclear about how the process operates.

In this blog post, we will discuss five litigation milestones that every personal injury attorneys lawsuit must go through.

Time to File

Every state has a statute of limitations which defines the time frame after an accident when you have to file a lawsuit. If you do not file your claim within the window, it will almost always be dismissed.

Once a case is filed, the parties begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. It could take a few months depending on the nature of the case.

At this point, a good lawyer will issue an offer of settlement. But, your lawyer is not able to issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

You could also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who works for the government. These are often referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in more depth. Generally the cases are solved more quickly than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule which could effectively stop the clock in some cases. For instance, the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be reduced or even tolled in certain circumstances like when the plaintiff is young or has a mental disability. It is best to speak with an experienced injury attorney to determine the particular limitation period that applies to your particular situation. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences for the victim and their family.

Damages

If a person is awarded a personal injury lawsuit is entitled damages. These may include money to pay for Injury Law Firms the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not act with the level of care that reasonable people would have exercised in the same situation which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or causes you to take vacation or sick leave, are easy to determine. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as a factor injury law firms of 1.5 to 5. Serious injuries typically result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Although it's not an obligatory element in every injury law firm case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.

The mediator will ask you questions to determine what you expect and the amount you'd like. The mediator will then meet with both sides on their own. Then, you'll make counteroffers and exchange offers to find a solution.

The purpose of mediation is to reach an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult Injury law firms cases are settled via mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Call us today to arrange an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your particular circumstances and the strength of your evidence as well as the insurance company of the defendant's offer.

Your lawyer will argue your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict, handed down by a judge or jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial compensation you should be awarded.