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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and compensate for the loss of income. However many people are confused about how the litigation process operates.

This blog post will discuss five important milestones that all personal injury lawyer claims must go through.

Time to File

Every state has a statute of limitations which defines the time frame after an accident, you are required to bring a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.

When a case is filed and the parties are able to begin a process of discovery, which involves exchanging information like documents, witness statements and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will issue an offer for settlement. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

You could also be required to adhere to additional time limitations if injured by an organization of the government or by a doctor who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are unique to each situation. Your attorney can clarify these more in detail. Generally these cases can be faster to be resolved than other ones.

Statute of limitations

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

In the majority of states, "the clock" of the statute of limitations starts to run the day you were injured. However, Injury lawyer there are exceptions to this rule which could effectively stop the clock in certain situations. The discovery rule, for instance, allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations can be extended or reduced in some cases in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the specific statute of limitations applicable to your particular case. If you try to make a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating consequences on the victim as well as his or her family.

Damages

If a person is awarded an injury lawyer lawsuit is entitled to damages. These may include money to pay for the medical treatment of the victim and lost wages as well as the expenses associated with an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of pleasure due to an accident.

The jury will determine 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 a reasonable person would have exercised in the same situation which resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working, or forces you to take vacation or sick leave are simple to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to result in higher general damages awards than smaller or less-permanent injuries.

Mediation

While it's not an obligatory element in any injury case it can be used 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 who is referred to as 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 two parties will discuss their differences with the mediator. Then, you'll exchange counteroffers and offers in order to arrive at a settlement.

Neither the negligent party nor the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is an important step to avoid a lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case has not been settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your attorney will present your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if they were, how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, which is delivered by the 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.