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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and replace lost income. However there are many who aren't clear about how the litigation process operates.

In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must go through.

Time to File

Every state has a law which limits the time you must file a lawsuit after an accident. If you don't file your claim in the timeframe, it is almost always dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of the case, this might take months.

A good lawyer will then present a settlement demand. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional time limitations if injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and injury lawsuit are very specific to each case. Your attorney will be able to explain these in more detail. These cases are usually resolved faster than other cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states the statute of limitations "clock" begins to tick on the day you became injured. However there are exceptions to this rule, which can effectively stop the clock in certain circumstances. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is younger or is mentally disabled. It is best to speak with an experienced attorney for injury to determine the precise limitation period that applies to your case. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences for the victim and their family.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These could include funds to pay for the medical treatment of the victim and lost wages as well as the expenses associated with an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have applied in the same situation which led to your injury.

Special damages are typically easy to calculate, like 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 take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. Severe injuries will generally result in higher general damages awards than small or short-lasting injuries.

Mediation

Although it isn't required in every injury lawyers case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you will make counteroffers and exchange offers for a resolution.

The purpose of mediation is achieving a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you've been involved in an accident at work or an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney may decide that a trial is necessary. This will be based on your specific circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present your case to peers before jurors. The jury will determine if the defendant was negligent and, if so then how much compensation should be awarded to cover your financial losses, injuries and Injury Lawsuit other expenses.

During trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to defend themselves against your claims and stop them from owing you money. After both sides have made their closing arguments the jury will then deliberate. The verdict will be given by a judge, or a jury during a bench trial. It will decide whether the defendant was negligent or not, and if so and the verdict is a financial one, how much could you be awarded.