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How the injury lawyer Lawsuit Process Works

If you've been injured in an accident and want to claim compensation for medical expenses or lost income, you may make a claim. However there are many who aren't clear about how the litigation process works.

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

Time to File

Each state has a statute that limits the time you must make a claim following an accident. If you do not submit your claim within this timeframe, it will almost always be dismissed.

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

At this point, an experienced lawyer will submit a settlement demand. However, your lawyer can't issue a settlement demand until you have reached the point of maximum medical improvement and are as well-as possible.

You may also have to adhere to additional time limits if you were injured by a government entity the government or by a physician who is employed by the government. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your attorney can explain them in greater depth. These cases are typically resolved faster than other types of cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of personal injury case claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to the rule that can effectively stop it in certain situations. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases, the statute of limitations could be shortened or tolled. For example, if the plaintiff is mentally disabled or is under the age of. It is best to speak with an experienced injury attorney to determine the particular limitation period that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

A person who wins in an accident case is entitled to damages. These can include money to pay for the victim's medical expenses as well as lost wages and the costs associated with an accident. Other types of damages compensate a person who suffers from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury on the basis of evidence presented 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 circumstance. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, injury attorney also known as pain and suffering are harder to quantify. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

While it is not an essential element of every injury claim case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you will go back and forth with offers and counteroffers to reach a settlement.

The aim of mediation is achieving an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been involved in a workplace accident or auto accident. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney might decide that trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.

Your lawyer will present what is known as your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you are entitled to pay for your injuries, costs and financial losses.

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 pay for your expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, issued by either the judge or jury in a bench trial, will determine if the defendant was negligent, and if so, what amount of financial compensation you are entitled to.