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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 make up for lost income. Many people aren't sure about the procedure of suing.

In this blog post, we will look at five milestones in litigation that each personal injury claim has to undergo.

Time to File

Each state has a statute of limitations that sets the time period after an accident to start a lawsuit. If you do not submit your claim within this time frame, it will almost always be dismissed.

After a case has been filed the parties will then begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this can take months.

A good lawyer will make a settlement request. However, your lawyer can't make this demand until you are at the point of maximum medical improvement and are as well-as possible.

You may also have to adhere to additional deadlines if you were injured by an entity of the government or a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater depth. These cases usually settle quicker than other types of cases.

Statute of Limitations

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

In the majority of states, "the clock" of the statute of limitations starts to tick the day after you were injured. There are some exceptions to this rule, which could effectively pause it in certain situations. For example the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.

The statute of limitations may be extended or reduced in certain situations like when the plaintiff is young or is mentally disabled. You should consult with an experienced injury attorney to determine the specific statute of limitations applicable to your particular case. If you try to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

If a person wins a personal injury lawsuits lawsuit is entitled to receive damages. They could include compensation for medical costs, lost wages and accident-related costs. Other damages can compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney will argue that defendant failed to act in a manner that a reasonable person might have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property and the amount of lost wages if an injury prevented you from working or caused you to be absent or take vacation time. General damages are also called pain and firms suffering. They are more difficult to calculate. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are typically greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation is not required in all injury cases. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you'll make counter-offers and exchange offers to find a solution.

Both the party responsible for the negligence and the victim of injury would like to go to trial, so the goal is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority injuries are settled out of court, your attorney might decide that a trial is necessary. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.

Your attorney will present your case to a jury during the trial. The jury is responsible to determine if the defendant was negligent and in the event of negligence, what compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you 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 during the bench trial. It will determine if the defendant was negligent and, if they were, how much financial damages are you entitled to.