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How the Injury Lawsuit Process Works

If you've 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 unclear about how the process is carried out.

This blog post will cover five stages that all personal injury claims have to go through.

Time to File

Each state has a statute which limits the time you must file a lawsuit after an accident. If you do not file your claim within the time frame, it will most likely be dismissed.

After a case has been filed the parties will then begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this can take months.

A good lawyer will then submit a settlement request. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and are as well-as possible.

If you've been injured by a government entity or a doctor employed by the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to explain these in more detail. These cases usually settle faster than other types of cases.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day the injury lawyers. There are a few exceptions to the rule that could effectively pause it in certain circumstances. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in some cases, such as when the plaintiff is young or has a mental disability. It is best to speak with an experienced injury lawyer to determine the specific limitation period that applies to your case. If you attempt to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

A person who wins in an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses or lost wages as well as other accident-related costs. Other kinds of damages compensate a person who suffers from emotional distress or lost pleasure due to an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way which a reasonable person could have done in the same situation. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or requires you to take a vacation or sick leave are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. Severe injuries will generally lead to higher general damages than smaller or less-permanent injuries.

Mediation

Although it's not an essential element of every injury case mediation is a method to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. After that, you'll exchange counteroffers and offers in order to find a solution.

Both the party responsible for the negligence and the victim who has been injured would like to go to trial therefore the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Call us today to arrange an appointment for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case has not been settled outside of court. This will be based on your particular circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present your case to peers before jurors. The jury will be responsible for determining if the defendant was negligent and, Injury Lawyer in the event that they were, how much compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is handed down by jurors or judges in a bench trial will decide if the defendant was negligent and if so, what amount of financial compensation you are entitled to.