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How the injury law firms Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we will review five legal milestones that each personal injury claim has to go through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident when you have to start a lawsuit. If you do not submit your claim within this timeframe, it will almost always be dismissed.

After a case has been filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the nature of the case.

At this point, a skilled lawyer will present an offer of settlement. The lawyer can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government entity or a doctor working for the government, you may have additional deadlines to meet in addition to the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each particular situation. Your lawyer can explain these in greater detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to tick the day after the injury. There are some exceptions to this rule that can effectively stop it in certain cases. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain situations for instance, when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical treatment and lost wages as well as the costs that result from an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional pain 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 the defendant did not act in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property and the value of lost earnings if an injury prevented you from working, or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries result in greater general damages than smaller or less-permanent injuries.

Mediation

While it is not required in any injury case mediation is a method 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, called mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides alone. Then, you will make counter-offers and exchange proposals in order to reach a decision.

Both the party responsible for the negligence and the victim of injury would like to go to court and so the aim is to settle in mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated injury Law firms cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your lawyer will present a defense of peers to a jury. The jury will decide if the defendant was negligent, and if they were what amount of compensation should be awarded to cover your losses due to injuries, injury law firms financial loss and other expenses.

During the trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages you receive are necessary to compensate for your losses and expenses. The defense will present evidence to counter your allegations and prevent them from owing you money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, handed down by a judge or jury in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial compensation you should be awarded.