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

This blog post will discuss five stages that all personal injury claims have to be able to pass through.

Time to File

Every state has a statute of limitations which defines the period of time following an accident when you have to file a lawsuit. If you don't submit your claim within the timeframe it is usually dismissed.

After a case has been filed the parties will then begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This can take a long time, depending on the complexity of the case.

A reputable lawyer will present a settlement demand. However, your lawyer can't make a demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or by a physician who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each case. Your attorney can explain them in greater depth. These cases are usually resolved faster than other cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are some exceptions to the rule which can effectively stop it in certain cases. For instance, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

In certain circumstances, the statute of limitations can be reduced or extended. For Injured example when the plaintiff is mentally disabled or is underage. It is best to speak with an experienced injury lawyer to determine the precise statute of limitations applicable to your situation. If you try to make a claim after the deadline has passed the case could be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical care and lost wages as well as the costs associated with an accident. Other damages can be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, like the cost to repair or replace damaged property or the amount of lost wages if an injury law firm kept you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

While it's not required in every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, both parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers in order to find a solution.

The goal of mediation is to arrive at an agreement that neither the negligent party nor injured victim would prefer to take to court. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been in a workplace accident or auto accident. Contact us today for a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial if your case has not been resolved out of court. This will be based on your particular circumstances and the quality 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 during the trial. The jury will be accountable to determine if the defendant was negligent, and in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.

During the trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages you receive are necessary to cover your expenses and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge at a bench trial. It will determine whether the defendant was negligent or not, and if so and the verdict is a financial one, how much will you be awarded.