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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 can help you obtain damages to pay medical bills and compensate for the loss of income. A lot of people aren't certain about the process of litigation.

This blog post will cover five steps that all personal injury claims must go through.

Time to File

Every state has a statute of limitation that specifies the period of time following an accident to make a claim. If you do not file your claim within the 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 witnesses' testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

At this point, a skilled lawyer will submit an agreement demand. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or a medical professional who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to clarify these more in detail. Generally these cases can be resolved more quickly than others.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In most states the statute of limitations "clock" starts ticking on the day you were injured. There are exceptions to this rule that can effectively stop it in certain instances. For instance the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain situations like when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the precise limitation period that applies to your case. If you try to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

The person who wins an accident case is entitled to compensation. They could include compensation for medical expenses, lost wages and the costs associated with an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that defendant did not perform in a manner that a reasonable person might have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation isn't mandatory in every injury case. However it can be used to settle a dispute and avoid having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you'll go back and forth with counteroffers and offers in order to find a solution.

The negligent party and the victim who was injured want to go to court and so the aim is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney might decide that going to trial is required. This will be based on your specific circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your lawyer will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent and if they were, how much compensation should be paid to cover your financial losses, injuries and other expenses.

During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will use evidence to defend itself against your claims, and Injury Lawyer stop them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is handed down by a judge or jury in a bench trial will determine if the defendant was negligent and if so, the amount of financial damages should be awarded.