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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 could help you recover damages to cover medical expenses and to make up for lost income. However, many people are unclear about how the process operates.

This blog post will talk about five milestones that all personal injury law firms claims have to pass through.

Time to File

Each state has a statute of limitations that defines the time frame after an accident to start a lawsuit. If you don't file your claim in the timeframe it is usually dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this could take months.

A good lawyer will then make a settlement request. However, your lawyer can't make this demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government organization or a doctor employed by the government, you could be subject to additional time limits to comply with in addition the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are extremely specific to each case. Your attorney can explain them in more depth. These cases are typically resolved faster than other cases.

Statute of limitations

If you wish to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick the day after the injury. However, there are exceptions to this rule that could effectively stop the clock in some cases. For example the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

In some instances the statute of limitation may be shortened or even tolled. For example, if the plaintiff is mentally disabled or underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled damages. They can include money for medical costs loss of wages, as well as incident-related expenses. Other damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.

The amount of damages will be determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that an average person would have applied in the same situation, which led to your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property, and the amount of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. General damages are generally higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it isn't an essential element of any injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.

The mediator will ask you questions to find out what you expect and how much you'd like to spend. The mediator will then talk with both sides on their own. After that, you'll be back and forth with offers and counteroffers to come to a resolution.

The purpose of mediation is achieving an agreement in which neither the liable party nor injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been involved in a workplace accident or auto accident. Contact us today to set up a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to take your case to trial if your case has not been settled outside of court. This will be based on your specific circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your lawyer will argue your case before a jury during the trial. The jury will determine if the defendant was negligent and, if so the amount of compensation that is due to compensate your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either jurors or judges 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.