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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and make up for lost income. However, many people are unclear about how the litigation process operates.

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

Time to File

Every state has a statute of limitations that defines the time period after an accident that you must make a claim. If you don't file your claim within this time frame, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will make a settlement request. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement.

If you were injured by a government entity or a doctor working for the government, you may have additional time constraints that you must meet in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer can explain them in greater depth. Generally the cases are quicker to resolve than other cases.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different types of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states the statute of limitations "clock" begins to tick on the day that you were injured. However, there are exceptions to this rule which could effectively stop the clock in some cases. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain cases, such as when the plaintiff is young or is mentally disabled. You should consult with an experienced injury attorney to determine the precise time limit that applies to your particular situation. If you attempt to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. These may include money to cover the cost of the victim's medical care, lost wages, and the expenses related to an accident. Other kinds of damages are awarded to a person who has suffered emotional distress or lost enjoyment because of an accident.

The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have applied in the same circumstance which led to your injury.

Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property, and the value of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages, injury law firms also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. Severe injuries will generally lead to higher general damage awards than small or short-lasting injuries.

Mediation

Mediation is not required in every case of injury law firms. However it can be used to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like to spend. The mediator will then speak with both sides in a private setting. Then, you will make counteroffers and exchange offers to find a solution.

The party who is at fault and the victim who has been injured would like to go to trial therefore the goal is to settle through mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case has not been resolved out of court. This will be based on your specific circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.

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

During the 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 compensate for 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. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be announced by a juror or judge at a bench trial. It will decide if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.