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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to get compensation for medical bills or lost income, you can make a claim. Many people are unsure of the litigation process.

This blog post will go over five stages that all personal injury attorneys claims have to pass through.

Time to File

Every state has a law that limits the time you have to start a lawsuit following an accident. If you don't submit your claim within this time frame it is usually dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. This could take several months depending on the complexity of the case.

A reputable lawyer will make a settlement request. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

You may also have to adhere to additional time limitations if injured by an entity of the government or by a physician who works for the government. These are generally called "discovery rules" or equitable tolling, and are unique to each particular situation. Your attorney will be able to explain these in more detail. These cases are typically resolved faster than other types of cases.

Statute of limitations

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

In most states, the statute of limitations "clock" starts ticking when you are injured. There are some exceptions to the rule that can stop it in certain cases. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury.

In certain cases, the statute of limitations could be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is underage. You should consult with an experienced injury attorney to determine the exact statute of limitations that applies to your case. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. These could include funds to cover the cost of the medical treatment of the victim as well as lost wages and the expenses related to an accident. Other types of damages pay compensation to someone who has suffered emotional distress or lost pleasure because of an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have exercised in the same situation which led to your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury prevented you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it can be utilized to resolve a dispute and avoid having a judge or jury 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 injury attorney will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then speak with both sides in a private setting. Then, you can make counteroffers and exchange offers to reach a resolution.

The party who is at fault and the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is an essential step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, injury attorney your attorney might decide that going to trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present your case to peers before the jury. The jury will decide whether the defendant was negligent and, if so what amount of compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial your lawyer will use evidence to show that the defendant's negligence led to your injuries and the financial damages needed cover your losses and expenses. The defense will present evidence to defend themselves against your claims and stop them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a judge or a jury at a bench trial. It will determine if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.