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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 will help you get compensation to cover medical expenses and replace lost income. Many people are unsure of the procedure of suing.

This blog post will talk about five stages that all personal injury claims have to be able to pass through.

Time to File

Each state has a statute of limitations that defines the time period after an accident, you are required to make a claim. If you do not make a claim within this period, it is most likely be dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of the case, this might take months.

At this point, a skilled lawyer will present an offer of settlement. Your attorney can only make this demand after you have reached maximum medical improvement.

If you were injured by a government agency or a medical professional working for the government, you may have additional time constraints to adhere to in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can provide more details. In general these cases are solved more quickly than other cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to many different kinds of personal injury lawsuits, 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 tick on the day you have been injured. There are a few exceptions to this rule that can stop it in certain instances. For example, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury lawyers.

The statute of limitations may also be shortened or tolled in certain cases like when the plaintiff is younger or mentally disabled. You should consult with an experienced injury attorney to determine the particular time limit that applies to your particular situation. If you try to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences on the victim and their family.

Damages

The person who wins a personal injury case is entitled to damages. These may include money to pay for the medical treatment of the victim, lost wages, and the expenses associated with an accident. Other damages could provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have applied in the same situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost earnings when an injury lawyer keeps you from working or causes you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in greater general damage awards than small or short-lasting injuries.

Mediation

Mediation isn't required in all injury cases. However it is often used as a way to resolve a dispute without having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you'll be back and forth with counteroffers and offers until you reach a settlement.

The party who is at fault and the victim who was injured want to go to court Therefore, the best option is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been settled outside of court. This will depend on your individual 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 before a jury. The jury will be accountable for determining if the defendant was negligent and in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and you deserve financial damages to pay for the expenses and losses. 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 consider the evidence after both sides have made their closing arguments. The verdict, issued by either a judge or jury in a bench trial, will decide if the defendant was negligent and in the event of negligence, what amount of financial damages are entitled to.