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How the injury law firms Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and to make up for lost income. However, many people are unclear about how the process works.

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Each state has a statute of limitations that sets the period of time following an accident that you must bring a lawsuit. If you do not submit your claim within this period, it is almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this can take months.

A good lawyer will then offer a settlement. Your lawyer can only make this demand once you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional time limits if you were injured by a government entity the government or by a physician who works for the government. These are commonly called "discovery rules" or equitable tolling and are very specific to each situation. Your lawyer will be able to explain these in more detail. These cases are typically resolved faster than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to many different kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day the injury. However, there are exceptions to this rule which could effectively pause the clock in certain cases. The discovery rule, for instance, allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be extended or reduced in certain cases for instance, when the plaintiff is younger or is mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to make a claim after the statute of limitations has expired the court could dismiss your case. This can result in a devastating outcome for injury Lawsuit the victim and their family.

Damages

A person who wins in an accident case is entitled to damages. They could include compensation for medical expenses as well as lost wages and other accident-related costs. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.

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

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or forces you to take vacation or sick leave are simple to calculate. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in greater general damage awards than minor or short-lasting injuries.

Mediation

While it is not an essential element of any injury case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then meet with both sides at a time. After that, you'll be back and forth with counteroffers and offers to arrive at a settlement.

The negligent party and the victim who has been injured would like to go to trial Therefore, the best option is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to schedule an appointment with us for a no-cost consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case is not resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

During the trial, your attorney will present a case to peers to jurors. The jury will decide if the defendant was negligent, and if they were what amount of compensation should be paid to cover your injuries, financial losses and other expenses.

During the trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are required to cover your expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay any amount. After both sides have made their closing arguments and the jury deliberates. The verdict will be issued by a judge or a jury at the bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much are you entitled to.