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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical bills or lost income, you may make a claim. However many people aren't sure about how the litigation process operates.

This blog post will cover five steps that all personal injury claims must be able to pass through.

Time to File

Each state has a statute of limitations that sets the period of time following an accident when you have to bring a lawsuit. If you don't submit your claim within this time frame, it will most likely be dismissed.

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

At this point, a reputable lawyer will issue an offer for settlement. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government organization or a doctor working for the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. These are often called "discovery rules" or equitable tolling and are unique to each case. Your lawyer can provide more details. They are usually resolved faster than other types of cases.

Statute of limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after you have been injured. However, there are exceptions to this rule which could 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 instances, the statute of limitations could be reduced or extended. For example, if the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury lawyer (https://www.cheaperseeker.com) to determine the exact limitation period that applies to your case. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment in life because of an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that defendant did not behave in a way that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or 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 quantify. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.

Mediation

Mediation is not required in all injury attorneys cases. However it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you will be back and forth with counteroffers and offers until you find a solution.

Both the party responsible for the negligence and the injured victim wants to go to trial therefore the goal is to settle through mediation. This is an essential step to avoid the long and stressful process of litigation. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been injured in an accident at work or an auto accident. Contact us today for a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial if your case has not been settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your attorney will present your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if so the amount of compensation that is due to compensate your financial losses, injuries, and expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages you receive are necessary to cover your expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is handed down by a judge or jury in a bench trial will decide if the defendant was negligent and if so, what amount of financial compensation you should be awarded.