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How To Explain Injury Lawsuit To Your Grandparents
How the Injury Lawsuit Process Works

If you've been injured in an accident and you need to recover damages for medical expenses or lost income, you can bring a lawsuit. Many people are unsure of the litigation process.

In this blog post, we'll look at five milestones in litigation that each personal injury claim has to go through.

Time to File

Every state has a law that restricts the time you are required to make a claim following an accident. If you don't make a claim within this period, it is most likely be dismissed.

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

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

If you've been injured by a government agency or a doctor working for the government, you could be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater detail. They are usually resolved quicker than other types of cases.

Statute of limitations

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

In most states, "the clock" of the statute of limitations begins to run on the day you've been injured. There are a few exceptions to the rule that can effectively stop it in certain cases. The discovery rule, for instance allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in certain situations, such as when the plaintiff is younger or is mentally disabled. It is recommended to consult an experienced injury attorney to determine the specific time limit that applies to your situation. If you attempt to submit a claim after your statute of limitations has expired 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

The person who wins an injury case is entitled to damages. injury attorney mobile could include compensation for medical costs as well as lost wages and other accident-related costs. Other damages can provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have applied in the same situation which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in greater general damage awards than small or short-lasting injuries.

Mediation

Although it isn't an essential element of every injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you are expecting and the amount of money you'd like. The mediator will then speak with both sides on their own. Then, you will offer counteroffers and exchange ideas to find a solution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court therefore the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

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


During the trial, your attorney will present a case of peers to the jury. The jury is responsible for determining if the defendant was negligent and, should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any amount. After both sides have given their closing arguments and the jury deliberates. The verdict, handed down by the judge or a jury in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages you are entitled to.

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