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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to cover medical expenses and to make up for lost income. However many people aren't sure about how the process is conducted.

In this blog post, we will review five legal milestones that every personal injury claim must be able to pass through.

Time to File

Every state has a statute of limitation that specifies the time period after an accident that you must bring a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.

Once a case is filed the parties will then begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this could take months.

A good lawyer will offer a settlement. But, your lawyer is not able to make a demand until you've reached the point of maximum medical improvement and are as well-as possible.

If you've been injured by a government entity or a physician working for the government, you may have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater detail. These cases are typically resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful deaths claims.

In most states, the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

The statute of limitations could be reduced or even tolled in some cases like when the plaintiff is underage or has a mental disability. It is recommended to consult an experienced injury attorney to determine the particular limitation period that applies to your particular situation. If you try to make a claim after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences on the victim and the family members of the victim.

Damages

The person who wins an accident case is entitled to compensation. These can include money to pay for the victim's medical treatment, lost wages, and the costs that result from an accident. Other types of damages compensate someone who suffers from emotional distress or loss of satisfaction because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have used in the same circumstance which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or forces you to take vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. Serious injuries typically result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

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

The mediator will ask you questions to determine what you expect and the amount of money you want. The mediator will then speak with both sides alone. You will then make counter-offers and exchange proposals in order to reach a decision.

Both the party responsible for the negligence and the victim of injury would like to go to court therefore the goal is to settle in mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case has not been settled out of court. This will depend on your personal circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will present your case before a jury during the trial. The jury will determine if the defendant was negligent and, if so what amount of compensation is due to compensate your injuries, financial losses, and expenses.

During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that financial damages are required to compensate for your losses and expenses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is delivered by the judge or a jury in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial compensation you should be awarded.