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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to pay your medical bills and make up for lost income. Many people aren't sure about the procedure of suing.

In this blog post, we'll review five legal milestones that each personal injury claim has to undergo.

Time to File

Each state has a statute that restricts the time you can bring a lawsuit following an accident. If you fail to submit your claim within the timeframe it is usually dismissed.

When a case is filed and the parties are able to start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. It could take a few months depending on the nature of the case.

At this point, a good lawyer will submit an offer for settlement. The lawyer can only make this demand after you have reached maximum medical improvement.

If you were injured by a government organization or a physician working for the government, you could have additional deadlines that you must meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are unique to each case. Your lawyer can provide more details. These cases are typically resolved faster than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, injury lawyer it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of 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 clock" of the statute of limitations begins to tick the day after the injury. However there are exceptions to this rule that can effectively stop the clock in some cases. For example, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally disabled or underage. You should consult with an experienced injury lawyer to determine the exact limitation period that applies to your case. If you attempt to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

A person who wins in an injury case is entitled to compensation. They can include money for the victim's medical costs loss of wages, as well as injuries-related costs. Other kinds of damages compensate someone who is suffering from emotional distress or loss of enjoyment because of an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant failed to behave in a way that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property as well as the amount of lost wages if an injury stopped you from working or required you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually higher for severe injuries than for short-term or minor injuries.

Mediation

While it's not an essential element of any injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like to spend. The mediator will then speak with both sides in a private setting. Then, you'll make counter-offers and exchange offers in order to reach a decision.

The aim of mediation is to arrive at a settlement that neither the negligent party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled at 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 specific situation. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial if your case is not resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.

During the trial, your lawyer will present a defense of peers before a jury. The jury will determine whether the defendant was negligent and, if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to back up your allegations, and prevent them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either the judge or a jury in a bench trial, will determine whether the defendant was negligent and if so, the amount of financial damages you are entitled to.