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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 could help you recover damages to pay for medical expenses and make up for lost income. Many people are unsure about the process of litigation.

In this blog post, we will look at five milestones in litigation that each personal injury claim has to be able to pass through.

Time to File

Every state has a law which limits the time you must make a claim following an accident. If you don't submit your claim within this time frame it is nearly always dismissed.

Once a case is filed the parties start a process called discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the complexity of the case, this might take months.

At this point, a reputable lawyer will present an offer for settlement. However, your lawyer can't make this demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government organization or a doctor employed by the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can provide more details. These cases usually settle quicker 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 is up. These deadlines apply to a variety of different types of personal Injury attorneys lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In the majority of states, "the clock" of the statute of limitations starts to run the day you've been injured. However there are exceptions to this rule that can effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

The statute of limitations could be reduced or even tolled in certain cases like when the plaintiff is young or has mental disabilities. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who wins in an injury attorney lawsuit is entitled to compensation. They can include money to cover medical expenses or lost wages as well as other accident-related costs. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same situation which resulted in your injury attorney.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or causes you to take a vacation or sick leave, are easy to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Mediation is not required in every case of injury. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides alone. After that, you will go back and forth with counteroffers and offers in order to arrive at a settlement.

Both the party responsible for the negligence and the victim who was injured want to go to trial Therefore, the best option is to settle through mediation. This is a crucial step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been in a workplace accident or auto accident. Contact us today for an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.

Your attorney will argue your case before a jury during the trial. The jury will determine whether the defendant was negligent, and if they were, how much compensation is due to compensate your injuries, financial losses, and expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and financial damages are needed to cover your losses and expenses. The defense will make use of evidence to argue your accusations, and also to prevent them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, Injury Lawsuit which is delivered by the judge or a jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial compensation you are entitled to.