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11 Ways To Fully Defy Your Injury Lawsuit
How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to pay for medical expenses and compensate for the loss of income. Many people are unsure of the process of litigation.

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

Time to File

Every state has a statute of limitations that defines the time frame after an accident, you are required to start a lawsuit. If you do not file your claim within the timeframe, it will almost always be dismissed.

After a case has been filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months.

A good lawyer will make a settlement request. Your attorney can only make this demand once you have reached maximum medical improvement.

If you've been injured by a government organization or a doctor employed by the government, you could have additional deadlines to comply with in addition the general 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 more detail. In general these cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to tick the day after the injury. However there are exceptions to this rule that could effectively pause the clock in certain situations. The discovery rule, for instance allows you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally impaired or is under the age of. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

The person who wins an accident case is entitled to damages. They can include money for the victim's medical costs loss of wages, as well as the costs associated with an accident. Other damages can compensate a person for the 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 attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property, and the amount of lost wages if an injury kept you from working or caused you to take time off or sick. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in greater general damages than small or short-lasting injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used as a way to resolve a dispute without having a judge or jury decide the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you'll be back and forth with counteroffers and offers to reach a settlement.


Neither the negligent party nor the victim of injury would like to go to trial, so the goal is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, no matter if you've been involved in a workplace accident or auto accident. Call us today to arrange an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide if the defendant was negligent, and if they were, how much compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and financial damages are required to cover your losses and expenses. The defense will provide evidence to counter your accusations and keep them from owing you any money. After injury lawsuit redding have made their closing arguments and the jury has a chance to deliberate. The verdict, which is given by a judge or jury in a bench trial will determine if the defendant was negligent, and if so, what amount of financial damages you are entitled to.

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