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How the injury lawyer Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and replace lost income. However many people aren't sure about how the litigation process is conducted.

In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must be able to pass through.

Time to File

Each state has a statute of limitation that specifies the time frame after an accident, you are required to make a claim. If you fail to file your claim in this time frame the claim is almost always dismissed.

After a case has been filed and the parties are able to begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. This could take several months depending on the complexity of the case.

At this point, a reputable lawyer will make an agreement demand. But, your lawyer is not able to make a demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.

You could also be required to adhere to additional time limitations if injured by a government entity the government or a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain these in greater detail. In general these cases are solved more quickly than other cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule which could effectively pause the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can also be shortened or extended in certain situations for instance, when the plaintiff is underage or is mentally disabled. It is best to speak with an experienced injury attorney to determine the specific time limit that applies to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim and his or her family.

Damages

Anyone who prevails in an accident case is entitled to compensation. These could include funds to pay for the medical treatment of the victim or lost wages, as well as the costs associated with an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to behave in a way that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property, and the cost of lost wages if an injury prevented you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. Serious injuries typically result in greater general damages than minor or short-lasting injuries.

Mediation

Mediation isn't mandatory in all injury attorneys cases. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then talk with both sides in a private setting. You will then make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is to come to an agreement in which neither the negligent party nor the victim who has been injured want to go to court. This is a crucial step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your attorney might decide that going to trial is necessary. This will be based on your specific circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a defense of peers to the jury. The jury will determine if the defendant was negligent and, if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and that financial damages are required to compensate for your losses and expenses. The defense will provide evidence to argue your claims and stop them from owing you any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a judge, or a jury during a bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.