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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 pay your medical bills and to make up for lost income. A lot of people aren’t certain about the process of litigation.

In this blog post, we will look at five milestones in litigation that every personal injury attorneys claim must go through.

Time to File

Every state has a law that limits the time you must bring a lawsuit following an accident. If you don’t file your claim in this time frame it is usually dismissed.

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

At this point, a skilled lawyer will present an agreement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or a medical professional who is employed by the government. They are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your lawyer can provide more details. These cases usually settle faster than other types of cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many types of personal injury Settlement claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, “the clock” of the statute of limitations starts to run on the day the injury. However, there are exceptions to this rule which could effectively stop the clock in certain cases. For instance the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be extended or reduced in some cases for instance, when the plaintiff is younger or has mental disabilities. It is best to speak with an experienced injury attorney to determine the precise statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

The person who wins an injury case is entitled to damages. They could include compensation to cover medical expenses, lost wages and incident-related expenses. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have exercised in the same circumstance that led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury attorneys prevents you from working or forces you to take a vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Mediation is not required in every injury case. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, Injury Attorney both parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers to reach a settlement.

Both the party responsible for the negligence and the victim of injury would like to go to court Therefore, the best option is to settle through mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you’ve been in a workplace accident or an auto accident. Contact us today to schedule an initial consultation for free. We’ll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial if your case has not been settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your lawyer will present your case to a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent, and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and financial damages are required to pay for your expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be issued by a juror or judge at the bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages could you be awarded.