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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 for medical expenses and to make up for lost income. However many people are confused about how the litigation process is carried out.

In this blog post, we'll examine five key litigation milestones every personal injury case must be able to pass through.

Time to File

Every state has a law that limits the amount of time you must file a lawsuit after an accident. If you do not file your claim in this time frame it is usually dismissed.

Once a case is filed and the parties begin an investigation process that involves exchanging documents witness testimony, documents, and depositions. It could take a few months depending on the nature of the case.

A good lawyer will then offer a settlement. Your attorney can only make this demand once you have attained the highest level of medical improvement.

If you've been injured by a government organization or a doctor employed by the government, you may have additional time constraints to meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in more detail. These cases are typically resolved faster than other types of cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. There are some exceptions to this rule, which could effectively pause it in certain situations. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain cases like when the plaintiff is young or mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person wins an accident case is entitled to compensation. They can include money for medical costs loss of wages, as well as accident-related costs. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that defendant failed to behave in a way that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or causes you to take a vacation or sick leave are simple to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages are usually more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

While it is not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you want. The mediator will then talk with both sides at a time. You will then offer counteroffers and exchange ideas to find a solution.

The goal of mediation is achieving an agreement that neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful litigation process. The majority of injury lawyers cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury lawsuits, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed 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 from the defendant's insurer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will decide whether the defendant was negligent and, if they were what amount of compensation should be awarded to cover your financial losses, injuries, and expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that financial damages are needed to pay for your expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge, or a jury at the bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages will you be awarded.