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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay medical bills and replace lost income. Many people are unsure of the litigation process.

This blog post will discuss five stages that all personal injury claims must be able to pass through.

Time to File

Each state has its own statute of limitations that defines the time frame after an accident to file a lawsuit. If you do not submit your claim within this timeframe, it will most likely be dismissed.

Once a case is filed the parties will then begin an investigation process that involves exchanging documents, witness testimony, and depositions. This can take a long time depending on the complexity of the case.

A good lawyer will offer a settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.

You may also be required to adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. These are generally called "discovery rules" or equitable tolling, and are very specific to each situation. Your lawyer can explain them in greater detail. Generally these cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. For example the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

In some cases, the statute of limitations may be reduced or extended. For instance, if the plaintiff is mentally impaired or underage. It is best to speak with an experienced injury lawyer to determine the particular statute of limitations applicable to your situation. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. These could include funds to pay for the victim's medical care as well as lost wages and the costs that result from an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.

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

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property and the amount of lost wages if an injury prevented you from working, or forced you to take time off or sick. 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, like a factor of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation is not mandatory for every injury case. However it can be used to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator firms will then discuss the matter with both sides at a time. Then, you will make counter-offers and exchange proposals to find a solution.

The aim of mediation is to reach a settlement that neither the negligent 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 cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not resolved outside of court. This will be based on your individual circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will argue your case to a jury during the trial. The jury will decide whether the defendant was negligent, and if they were then how much compensation is due to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or a jury in a bench trial. It will determine whether the defendant was negligent and, if they were, how much financial damages should you be awarded.