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How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to get compensation for medical expenses or lost income, you may make a claim. However there are many who aren't clear about how the process is carried out.

This blog post will discuss five steps that all personal injury claims have to go through.

Time to File

Each state has a statute which limits the time you can file a lawsuit after an accident. If you don't file your claim within the window, it will most likely be dismissed.

After a case has been filed, the parties begin a process known as discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this can take months.

At this point, a skilled lawyer will submit an offer of settlement. But, your lawyer is not able to make a demand until after you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

If you've been injured by a government organization or a doctor working for the government, you may have additional time constraints to comply with in addition the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more depth. Generally these cases are quicker to resolve than other cases.

Statute of Limitations

It is crucial to make a claim for 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 the majority of states, the statute of limitations "clock" begins to tick on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for example allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitation can also be shortened or tolled in certain situations in certain circumstances, for example, if the plaintiff is younger or has a mental disability. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who wins in an injury law firms lawsuit is entitled to damages. These can include money for medical costs loss of wages, as well as incident-related expenses. Other types of damages can compensate the victim for the loss of enjoyment or injury law Firms emotional stress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same circumstance which resulted in your injury.

Special damages are usually easy to calculate, such as the cost to repair or replace damaged property and the value of lost wages if an injury kept you from working, or forced you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. The most severe injuries are likely to result in higher general damage awards than minor or short-lasting injuries.

Mediation

Although it's not an essential element of every injury case it can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you will make counteroffers and exchange offers for a resolution.

Neither the negligent party nor the victim of injury would like to go to trial and so the aim is to settle in mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle at mediation, including those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule an appointment for a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.

Your lawyer will present your case before a jury during the trial. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to refute your claims and stop them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is given by jurors or judges in a bench trial will determine if the defendant was negligent and if so, the amount of financial compensation you are entitled to.