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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to recover damages for medical expenses or lost income, you may bring a lawsuit. However many people are confused about how the process is carried out.

This blog post will go over five stages that all personal injury claims have to be able to pass through.

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident that you must make a claim. If you do not make a claim within this time frame, it will most likely be dismissed.

After a case has been filed the parties begin a process of discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of the case, this might take months.

A good lawyer will present a settlement demand. However, your lawyer can't issue a settlement demand until you have reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government entity or a doctor working for the government, you may have additional deadlines to meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and Injury Attorney are very specific to each case. Your lawyer will be able to clarify these more in detail. These cases are usually resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states the statute of limitations "clock" begins to tick when you are injured. However, there are exceptions to this rule, which can effectively stop the clock in certain situations. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury attorneys.

In some cases the statute of limitation may be reduced or torpedoed. For instance when the plaintiff is mentally disabled or underage. It is recommended to consult an experienced injury attorney to determine the exact limitation period that applies to your case. If you try to file a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences on the victim and the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. They may include compensation for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other kinds of damages compensate a person who has suffered emotional distress or loss of satisfaction because of an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that a reasonable person would have exercised in the same situation which led to your injury.

Special damages are usually easy to calculate, like the cost of repairing or replace damaged property or the value of lost wages if an injury prevented you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. Severe injuries will generally result in greater general damage awards than smaller or less-permanent injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it is often used as a way to settle 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 mediator.

The mediator will ask you questions to find out what you're expecting and how much you'd like to spend. The two sides will talk alone with the mediator. You will then offer counteroffers and exchange ideas for a resolution.

The aim of mediation is to arrive at a settlement that neither the party who is at fault nor the injured victim want to go to court. This is an important step to avoid a lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been in a workplace accident or an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case before a jury during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of compensation is due to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will provide evidence to refute your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury at the bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages will you be awarded.