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How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, you may bring a lawsuit. Many people aren't sure about the process of filing a lawsuit.

This blog post will discuss five important milestones that all personal injury claims must pass through.

Time to File

Each state has a statute which limits the time you have to file a lawsuit after an accident. If you don't file your claim in this time frame the claim is almost always dismissed.

After a case has been filed, the parties begin a process of discovery, which involves exchanging information like witness statements, documents and depositions. This could take several months depending on the nature of the case.

At this point, a reputable lawyer will make an agreement demand. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government organization or a doctor employed by the government, you could be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more detail. They are usually resolved quicker than other types of cases.

Statute of Limitations

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

In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to this rule, which could cause it to stop in certain circumstances. For example the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations may also be shortened or extended in some cases like when the plaintiff is underage or has a mental disability. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins an accident case is entitled to compensation. These can include money for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other types of damages can compensate a person for the loss of enjoyment or emotional distress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant failed to behave in a way that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property as well as the cost of lost wages if an injury prevented you from working, or forced you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and the amount you want. The two sides will have a private discussion with the mediator. Then, you will make counter-offers and exchange proposals to reach a resolution.

The negligent party and the victim who has been injured would like to go to trial and so the aim is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most complicated Injury lawyers cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to schedule a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case has not been settled outside of court. This will be based on your individual circumstances, the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your lawyer will present a case to peers before the jury. The jury will be responsible for determining whether the defendant was negligent and Injury lawyers should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. After both sides have made their closing arguments the jury will then deliberate. The verdict is issued by a judge or a jury during a bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages are you entitled to.