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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, filing an injury lawsuit can help you recover damages to pay your medical bills and replace lost income. Many people aren't sure about the process of filing a lawsuit.

In this blog post, we'll review five legal milestones that every personal injury claim must go through.

Time to File

Every state has a law that limits the amount of time you must make a claim following an accident. If you don't file your claim in the timeframe it is usually dismissed.

Once a case is filed, the parties start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

At this point, a reputable lawyer will present an offer of settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.

If you've been injured by a government organization or a medical professional working for the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each particular situation. injury lawsuit atlanta can explain them in greater depth. Generally these cases can be faster to be resolved than other ones.

Statute of Limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many different types of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. There are a few exceptions to the rule which can stop it in certain cases. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.

In some cases the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally impaired or underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

The person who wins an injury lawsuit is entitled to compensation. They could include compensation for the victim's medical costs as well as lost wages and other injuries-related costs. Other types of damages are awarded to a person who has suffered emotional distress or loss of enjoyment in life because of an accident.


The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have applied in the same situation that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working, or forces you to take a vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are usually greater for serious injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory for every injury case. However it can be utilized as a way to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're expecting and how much you'd like to spend. The mediator will then speak with both sides on their own. Then, you'll alternate between counteroffers and offers until you find a solution.

The purpose of mediation is to arrive at an agreement where neither the liable party nor the victim who has been injured want to go to court. This is a vital step to avoid the lengthy and stressful process of litigation. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you have been involved in an accident at work or an auto accident. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will be based on your specific circumstances, the strength of your evidence and the insurance company of the defendant's offer.

Your lawyer will present your case before a jury during the trial. The jury will decide if the defendant was negligent, and if they were then how much compensation is due to cover your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will present evidence to counter your claims and stop them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict will be 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 should you be awarded.

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