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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and to make up for lost income. However many people are confused about how the litigation process works.

This blog post will cover five important milestones that all personal injury claims must go through.

Time to File

Every state has a statute of limitations that sets the time period after an accident when you have to make a claim. If you don't submit your claim within this time frame, it will almost always be dismissed.

Once a case is filed, the parties begin a process of discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the complexity of your case, this can take months.

A reputable lawyer will present a settlement demand. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

If you were injured by a government entity or a doctor working for the government, you may have additional time constraints to comply with in addition the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to clarify these more in detail. Generally the cases are solved more quickly than other cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick on the day that you were injured. There are exceptions to this rule that can effectively stop it in certain cases. For injury instance the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or extended in certain circumstances for instance, when the plaintiff is younger or is mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

The person who wins an injury case is entitled to compensation. They can include money for the victim's medical costs, lost wages and injuries-related costs. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment in life due to an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property and the value of lost wages if an injury attorneys kept you from working or caused you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Mediation isn't mandatory in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides in a private setting. You will then make counter-offers and exchange offers to reach a resolution.

The aim of mediation is achieving an agreement in which neither the negligent party nor injured victim would prefer to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been injured in a workplace accident or auto accident. Contact us today to schedule an initial consultation for free. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to proceed to trial if your case has not been settled outside of court. This will be based on your individual circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your attorney will present a case to peers before jurors. The jury will determine whether the defendant was negligent and, if they were then how much compensation is due to cover your financial losses, injuries, and expenses.

During trial the lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a juror or judge in a bench trial. It will decide if the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.