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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and compensate for the loss of income. A lot of people aren't certain about the process of filing a lawsuit.

This blog post will discuss five milestones that all personal injury claims must pass through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident, you are required to file a lawsuit. If you do not file your claim within this window, it will most likely be dismissed.

After a case has been filed, the parties begin a process known as discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the complexity of your case, this can take months.

A good lawyer will then make a settlement request. The lawyer can only make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government entity or a medical professional working for the government, you may be subject to additional time limits to comply with in addition the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are extremely specific to each situation. Your lawyer will be able to explain these in greater detail. In general the cases are quicker to resolve than other cases.

Statute of limitations

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

In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. There are exceptions to this rule, which can effectively stop it in certain cases. For example, the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations could be reduced or extended. For instance, if the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

The person who wins an injury case is entitled to damages. This could include money to pay for the victim's medical expenses, lost wages, and the costs that result from an accident. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment in life because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same circumstance which resulted in your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance firms employ multipliers, 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 short-term or minor injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you're expecting and how much money you want. The mediator will then speak with both sides at a time. Then, you'll offer counteroffers and exchange ideas to reach a resolution.

The party who is at fault and the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most difficult injury lawyers cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been in an accident at work or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a judge or jury in the bench trial. It will determine if the defendant was negligent, and injury Lawsuit if they were the case, what financial damages will you be awarded.