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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and replace lost income. A lot of people aren't certain about the process of filing a lawsuit.

This blog post will go over five milestones that all personal injury claims must pass through.

Time to File

Every state has a law that restricts the time you have to make a claim following an accident. If you do not file your claim in this time frame, it is almost always dismissed.

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

At this point, a skilled lawyer will present an offer for settlement. The lawyer can only make this demand once you have reached maximum medical improvement.

You may also be required to adhere to additional time limitations if injured by an entity of the government or a medical professional who works for the government. These are sometimes called "discovery rules" or equitable tolling and are unique to each situation. Your attorney can explain them in greater detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's essential to file an injury attorneys lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds 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 begins to run the day the injury. There are a few exceptions to this rule, which could effectively pause it in certain circumstances. The discovery rule, for example permits you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. This could include money to pay for the victim's medical expenses or lost wages, as well as the expenses associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

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

Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or causes you to take vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are usually greater for serious injuries than for short-term or minor injuries.

Mediation

While it is not an obligatory element in any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you can talk about your concerns 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 will then speak with both sides alone. Then, you'll alternate between offers and counteroffers to come to a resolution.

Neither the negligent party nor the victim who has been injured would like to go to trial Therefore, the best option is to settle the matter in mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to schedule an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your lawyer will present your case to a jury during the trial. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover the costs and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you any money. After both sides have given their closing arguments and the jury deliberates. The verdict, which is issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you are entitled to.