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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and replace lost income. Many people are unsure about the procedure of suing.

In this blog post, we'll discuss five litigation milestones that every personal injury claim must be able to pass through.

Time to File

Each state has a statute of limitations that defines the time frame after an accident when you have to start a lawsuit. If you do not file your claim within this timeframe, it will most likely be dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. It could take a few months depending on the complexity of the case.

At this point, a reputable lawyer will issue an offer of settlement. Your attorney can only make this demand once you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limitations if injured by a government entity the government or by a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to explain these in greater detail. In general these cases can be quicker to resolve than other cases.

Statute of limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to tick on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in some cases. For example, the discovery rule allows you to file a case after you have discovered (or injury lawsuit should have discovered with reasonable care) your injury.

In certain circumstances, the statute of limitations could be reduced or torpedoed. For instance, if the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced lawyer for injury to determine the particular statute of limitations applicable to your situation. If you try to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim and the family members of the victim.

Damages

If a person is awarded a personal injury lawsuit is entitled damages. They may include compensation to cover medical expenses or Injury Lawsuit lost wages as well as other accident-related costs. Other damages could compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented in court. Your attorney will argue that defendant did not perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury law firms.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property, and the amount of lost wages if an injury kept you from working or caused you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. Severe injuries will generally lead to higher general damages than minor or short-lasting injuries.

Mediation

While it is not an obligatory element in any injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you are expecting and how much money you want. The two sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange offers in order to reach a decision.

The negligent party and the injured victim wants to go to trial Therefore, the best option is to settle the matter in mediation. This is a vital step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today to set up an initial consultation for free. We are able to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of court, your lawyer may decide that going to trial is required. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and, should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by jurors or judges in a bench trial will decide if the defendant was negligent, and if so, what amount of financial damages you should be awarded.