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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to cover medical expenses and compensate for the loss of income. However many people are confused about how the process works.

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

Time to File

Every state has a law that limits the amount of time you have to make a claim following an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.

Once a case is filed, the parties begin a process called discovery that involves exchanging information like documents, witness statements and depositions. Based on the complexity of the case, this might take months.

At this point, a reputable lawyer will submit an offer for settlement. However, your attorney cannot make a demand until after you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.

There is also the possibility that you must adhere to additional time limits if you've been injured by a government entity the government or by a doctor who works for the government. These are commonly called "discovery rules" or equitable tolling, and are unique to each specific situation. Your attorney can explain them in more detail. They are usually resolved faster than other cases.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. For example, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases, the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally disabled or is underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to submit a claim after your time limit has expired the case could be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

The person who wins a personal injury case is entitled to compensation. These can include money to pay for the victim's medical expenses, lost wages, and the costs related to an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have applied in the same circumstance, which led to your injury.

Special damages are usually easy to calculate, like the cost to repair or replace damaged property, and Injury law firms the cost of lost wages if an injury law Firms prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it's not required in any injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you expect and the amount of money you'd like to spend. The two sides will have a private discussion with the mediator. After that, you'll be back and forth with counteroffers and offers until you find a solution.

The purpose of mediation is to arrive at a settlement that neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to set up an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your attorney may decide that a trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

During the trial, your lawyer will present a defense of peers to jurors. The jury will be responsible for determining whether the defendant was negligent and if so, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that the financial damages needed cover your expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have made 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 are you entitled to.