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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 can help you recover damages to pay for medical expenses and make up for lost income. However there are many who aren't clear about how the litigation process operates.

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

Time to File

Each state has a statute that limits the time you must file a lawsuit after an accident. If you don't file your claim within this period, it is most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Depending on the nature of the case, this might take months.

At this point, a good lawyer will present an offer of settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement.

If you've been injured by a government agency or a doctor working for the government, you could have additional time constraints to meet in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in greater depth. In general, these cases are resolved more quickly than others.

Statute of limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different kinds of personal injury lawyers claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after you've been injured. However, injury lawyer there are exceptions to this rule, which can effectively stop the clock in certain cases. For instance the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

In some cases, the statute of limitations may be shortened or even tolled. For example, if the plaintiff is mentally handicapped or underage. You should consult with an experienced injury lawyer to determine the specific statute of limitations that applies to your particular situation. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled damages. These may include money to pay for the victim's medical care as well as lost wages and the expenses related to an accident. Other damages could compensate a person for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages will be determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that reasonable people would have applied in the same circumstance which resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are simple to determine. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. Serious injuries typically lead to higher general damage awards than minor or temporary injuries.

Mediation

Mediation is not required in all injury cases. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator Injury Lawyer will ask you questions to find out what you are expecting and the amount of money you want. The mediator will then speak with both sides alone. Then, you'll go back and forth with counteroffers and offers in order to come to a resolution.

The negligent party and the victim who has been injured would like to go to court and so the aim is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

Your attorney will present your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries, and that financial damages are needed to cover your losses and expenses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be given by a judge or jury during a bench trial. It will decide whether the defendant was negligent, and if they were the case, what financial damages should you be awarded.