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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 could bring a lawsuit. However many people aren't sure about how the process works.

This blog post will discuss five stages that all personal injury lawyers law firms - try these guys out, claims must go through.

Time to File

Each state has a statute that limits the time you can file a lawsuit after an accident. If you don't file your claim within the timeframe, it will almost always be dismissed.

When a case is filed and the parties are able to start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of your case, this can take months.

At this point, a good lawyer will issue an agreement demand. However, your attorney cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.

If you've been injured by a government agency or a doctor working for the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your attorney can explain them in more depth. These cases are typically resolved quicker 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 runs out. These deadlines are applicable to a wide range of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

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

In some instances the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally impaired or is under the age of. It is recommended to consult an experienced injury attorney to determine the specific limitation period that applies to your case. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim and his or her family.

Damages

If a person wins a personal injury lawsuit is entitled to damages. This could include money to cover the cost of the victim's medical treatment or lost wages, as well as the expenses related to an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to result in greater general damages awards than small or short-lasting injuries.

Mediation

While it's not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. In mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then meet with both sides on their own. Then, you can offer counteroffers and exchange ideas to find a solution.

Both the party responsible for the negligence and the injured victim wants to go to trial, so the goal is to settle through mediation. This is an important step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Call us today to arrange a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case cannot be resolved out of court. This will be based on your individual circumstances and the quality of your evidence and injury Law firms the settlement offer made by the insurance company for the defendant. offer.

Your attorney will present your case before a jury of peers during the trial. The jury will determine if the defendant was negligent, and if they were then how much compensation is due to compensate your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant led to your injuries and you have a right to financial damages to cover these expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you 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 a bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages could you be awarded.