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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and make up for lost income. However, many people are unclear about how the litigation process operates.

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

Time to File

Every state has a law that limits the time you can make a claim following an accident. If you don't file your claim in the timeframe the claim is almost always dismissed.

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

A good lawyer will submit a settlement request. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in more detail. Generally the cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.

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 could effectively pause it in certain circumstances. The discovery rule, for instance, allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain cases like when the plaintiff is underage or has a mental disability. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

A person who is awarded a personal injury lawsuit is entitled damages. They can include money for medical costs as well as lost wages and other the costs associated with an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have exercised in the same situation which led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury lawyers stops you from working or requires you to take a vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering are harder to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in higher general damages than those resulting from minor or temporary injuries.

Mediation

Mediation isn't mandatory for every injury case. However it is often used as a way to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you're expecting and the amount of money you'd like. Then, the two parties will sit down with the mediator. After that, you will alternate between counteroffers and offers to arrive at a settlement.

Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle in mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority injuries cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

Your attorney will argue your case to a jury during the trial. The jury will decide if the defendant was negligent, injured and if they were the amount of compensation that is due to cover your losses due to injuries, financial loss and other expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover those expenses and losses. The defense will use evidence to back up your claims, and stop them from having to pay any amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, given by jurors or judges in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial damages are entitled to.