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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. However many people aren't sure about how the process works.

In this blog post, we will examine five key litigation milestones every personal injury claim must be through.

Time to File

Each state has its own statute of limitations that sets the time period after an accident when you have to bring a lawsuit. If you fail to submit your claim within this time frame, it is almost always dismissed.

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

A good lawyer will offer a settlement. But, your lawyer is not able to make a demand until after you have reached the point of maximum medical improvement and are as fully recovered as possible.

You may also be required to adhere to additional deadlines if you were injured by an organization of the government or a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are unique to each situation. Your attorney can explain them in more detail. Generally, these cases are quicker to resolve than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to run the day you were injured. There are exceptions to this rule that can effectively stop it in certain circumstances. For instance the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury law firm.

In some cases, the statute of limitation may be reduced or torpedoed. For example, if the plaintiff is mentally disabled or is under the age of. It is recommended to consult an experienced injury attorney to determine the specific statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury case is entitled to damages. They may include compensation to cover medical expenses loss of wages, as well as injuries-related costs. Other damages could provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property or the amount of lost wages if an injury kept you from working or caused you to take time off or sick. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, injuries such as a multiplier of 1.5 to 5. General damages are typically more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

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

The mediator will ask you questions to determine what you are expecting and how much you'd like. Then, both parties will sit down with the mediator. Then, you will make counteroffers and exchange offers in order to reach a decision.

The negligent party and the victim who has been injured would like to go to court, so the goal is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today for an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that trial is necessary. This will depend on your personal circumstances and the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will argue your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any amount. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or a jury in a bench trial will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages you are entitled to.