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11 Ways To Completely Redesign Your Injury Lawsuit
How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical bills or lost income, you could make a claim. However there are many who aren't clear about how the process is conducted.

This blog post will talk about five milestones that all personal injury claims have to go through.

Time to File

Each state has a statute that limits the time you have to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe it is usually dismissed.

Once a case is filed and the parties are able to begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. It could take a few months depending on the complexity of the case.

At this point, a reputable lawyer will submit an offer for settlement. But, your lawyer is not able to make a demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

You could also be required to adhere to additional time limitations if injured by an organization of the government or a medical professional who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in more detail. injury attorney alabama are typically resolved faster than other cases.

Statute of Limitations

It is vital to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to many different kinds of personal injury cases, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" starts ticking when you are injured. There are exceptions to the rule which could cause it to stop in certain situations. The discovery rule, for instance allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitation may be shortened or tolled. For instance, if the plaintiff is mentally disabled or underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as the family members of the victim.

Damages

Anyone who prevails in a personal injury case is entitled to damages. This could include money to pay for the victim's medical care or lost wages, as well as the expenses caused by an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same situation. This led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or requires you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as a factor of 1.5 to 5. General damages are usually higher for severe injuries than for less serious or short-term injuries.

Mediation

Mediation is not required in every case of injury. However it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you can discuss your concerns with an impartial third party called a mediator.


The mediator will ask you questions to determine what you expect and the amount of money you'd like to spend. Then, both parties will discuss their differences with the mediator. After that, you will be back and forth with offers and counteroffers to come to a resolution.

The purpose of mediation is to reach an agreement where neither the liable party nor injured party want to take to court. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to set up an initial consultation for free. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney may decide that trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your lawyer will argue your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of compensation is due to compensate your financial losses, injuries, and expenses.

During the trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are required to cover your expenses and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, issued by either jurors or judges in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.

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