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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 pay your medical bills and make up for lost income. However many people are confused about how the process works.

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

Time to File

Every state has a statute of limitations that defines the time frame after an accident, you are required to start a lawsuit. If you fail to submit your claim within the timeframe it is usually dismissed.

Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this could take months.

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

You may also be required to adhere to additional time limitations if injured by an organization of the government or a medical professional who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater depth. Generally these cases are solved more quickly than other cases.

Statute of Limitations

If you want to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to run the day you have been injured. There are some exceptions to the rule which could cause it to stop in certain cases. For example the discovery rule permits you to file a claim in the event that you discover (or injured should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or tolled in certain circumstances, such as when the plaintiff is underage or mentally disabled. You should consult with an experienced attorney for injury to determine the precise statute of limitations applicable to your particular case. If you attempt to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences on the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical treatment or lost wages, as well as the costs caused by an accident. Other types of damages compensate someone who is suffering from emotional distress or loss of enjoyment in life because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have applied in the same circumstance which led to your injury.

Special damages are usually easy to calculate, for example the cost to repair or replace damaged property as well as the value of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering, are harder to quantify. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

While it is not an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange proposals in order to reach a decision.

The purpose of mediation is to reach a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle at mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, the strength of your evidence and the insurance company of the defendant's offer.

During the trial, your lawyer will present a case of peers before jurors. The jury will decide whether the defendant was negligent, and if they were the amount of compensation that is due to compensate your financial losses, injuries and other expenses.

During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will use evidence to argue your claims, and stop them from having to pay you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge, or a jury in a bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.