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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 your 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 discuss five stages that all personal injury attorneys claims must go through.

Time to File

Every state has a law that limits the time you have to bring a lawsuit following an accident. If you do not submit your claim within the timeframe it is usually dismissed.

Once a case is filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this may take months.

At this point, a skilled lawyer will submit a settlement demand. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

If you've been injured by a government organization or a doctor working for the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are very specific to each case. Your lawyer can explain them in greater detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule that could effectively stop the clock in certain circumstances. For example the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitations could be shortened or tolled. For instance, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced injury attorney to determine the particular statute of limitations that applies to your case. If you attempt to submit a claim after your time limit has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an injury case is entitled to compensation. They may include compensation for medical costs as well as lost wages and other incident-related expenses. Other kinds of damages compensate a person who is suffering from emotional distress or lost enjoyment in life due to an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property as well as the value of lost wages if an injury lawyer prevented you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally lead to higher general damage awards than minor or short-lasting injuries.

Mediation

While it is not a mandatory part of any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The two sides will talk alone with the mediator. After that, you will be back and forth with counteroffers and offers in order to arrive at a settlement.

The purpose of mediation is to arrive at an agreement where neither the liable party nor injured victim would prefer to take to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been injured in an accident at work or Injury attorney an auto accident. Contact us today for a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case has not been resolved out of court. This will be based on your particular circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

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

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, given by the judge or a jury in a bench trial, will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.