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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to seek compensation for medical bills or lost income, you may start a lawsuit. However many people are confused about how the process is carried out.

This blog post will talk about five important milestones that all personal injury claims have to go through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident that you must bring a lawsuit. If you fail to file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed and the parties are able to begin a process of discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of your case, this may take months.

A good lawyer will make a settlement request. However, your attorney cannot make a demand until you are at the point of maximum medical improvement and you are as healthy as possible.

You could also be required to adhere to additional time limits if you were injured by an entity of the government or a doctor who works for the government. These are sometimes called "discovery rules" or equitable tolling, injury law firms and are unique to each particular situation. Your attorney will be able to explain these in greater detail. They are usually resolved quicker than other types of 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 different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For instance the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your Injury Law Firms.

The statute of limitations could be reduced or even tolled in certain cases like when the plaintiff is underage or has mental disabilities. You should consult with an experienced lawyer for injury to determine the specific time limit that applies to your case. If you attempt to submit a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.

Damages

Anyone who prevails in an injury case is entitled to damages. This could include money to pay for the victim's medical treatment and lost wages as well as the costs related to an accident. Other types of damages pay compensation to someone who suffers from emotional distress or lost satisfaction because of an accident.

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

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property or the cost of lost wages if an injury prevented you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. Severe injuries will generally result in higher general damages than those resulting from minor or temporary injuries.

Mediation

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

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you'd like to spend. Then, the two parties will discuss their differences with the mediator. Then, you will make counter-offers and exchange offers in order to reach a decision.

Both the party responsible for the negligence and the victim who has been injured would like to go to court therefore the goal is to settle the matter in mediation. This is an important step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.

During the trial, your lawyer will present your case to peers to a jury. The jury will be responsible 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 trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and losses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any amount. After both sides have presented their closing arguments and the jury deliberates. The verdict will be announced by a juror Injury law Firms or judge at the bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.