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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical expenses or lost income, you could bring a lawsuit. However many people aren't sure about how the process operates.

This blog post will discuss five milestones that all personal injury claims have to pass through.

Time to File

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

After a case has been filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This can take a long time depending on the nature of the case.

At this point, a skilled lawyer will submit a settlement demand. However, your lawyer cannot issue a settlement demand until you have reached the point of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government entity or a doctor working for the government, you may be subject to additional time limits to adhere to in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can provide more details. Generally, these cases are resolved more quickly than others.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different types of personal injury cases, 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 run on the day you've been injured. However there are exceptions to this rule which could effectively stop the clock in some cases. For instance the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

In certain cases, the statute of limitations may be reduced or extended. For example when the plaintiff is mentally disabled or is under the age of. It is recommended to consult an experienced lawyer for injury to determine the precise limitation period that applies to your situation. If injury lawyer union city try to submit a claim after the deadline has passed your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an accident case is entitled to compensation. They could include compensation to cover medical expenses or lost wages as well as other accident-related costs. Other damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.


The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that a reasonable person would have exercised in the same circumstance which led to your injury.

Special damages are usually easy to calculate, like the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries result in greater general damages awards than smaller or less-permanent injuries.

Mediation

Mediation isn't required in all injury cases. However it can be used 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 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 at a time. After that, you will be back and forth with offers and counteroffers to come to a resolution.

The goal of mediation is achieving a settlement that neither the negligent party nor injured victim want to go to court. This is an important step to avoid the long 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 accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will present your case before a jury during the trial. The jury is responsible to determine if the defendant was negligent and in the event that they were, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will present evidence to argue your claims and stop them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial will determine whether the defendant was negligent, and if so, what amount of financial damages are entitled to.

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