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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 replace lost income. However many people aren't sure about how the process is carried out.

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

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident to file a lawsuit. If you do not submit your claim within this timeframe, it will most likely be dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this may take months.

At this point, a good lawyer will issue an offer of settlement. But, your lawyer is not able to make this demand injured until you are at the point of maximum medical improvement and are as recovered as possible.

If you were injured by a government agency or a physician working for the government, you could have additional deadlines to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer will be able to explain these in more 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 is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. There are a few exceptions to the rule which can effectively stop it in certain cases. The discovery rule, for instance allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in some cases in certain circumstances, for example, if the plaintiff is younger or has a mental disability. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the deadline has passed your case will most likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in an injury attorney lawsuit is entitled to damages. These can include money for medical costs loss of wages, as well as the costs associated with an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have applied in the same situation which resulted in 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 causes you to take vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. Serious injuries typically result in greater general damage awards than minor or short-lasting injuries.

Mediation

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

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you want. The two sides will have a private discussion with the mediator. You will then make counter-offers and exchange proposals to reach a resolution.

The purpose of mediation is achieving an agreement where neither the responsible party nor injured victim want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been in a workplace accident or auto accident. Call us today to arrange an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney may decide that going to trial is required. This will depend on your individual 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 during the trial. The jury will determine if the defendant was negligent and, if they were what amount of compensation is due to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, given by jurors or judges in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial compensation you are entitled to.