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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for firms medical bills or lost income, you may bring a lawsuit. However many people aren't sure about how the process is conducted.

In this blog post, we'll look at five milestones in litigation that every personal injury lawsuits case must be through.

Time to File

Each state has a statute that restricts the time you have to make a claim following an accident. If you fail to file your claim in the timeframe it is usually dismissed.

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

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

You may also be required to adhere to additional time limits if you've been injured by a government entity the government or a medical professional who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can explain them in more detail. In general these cases are resolved more quickly than others.

Statute of Limitations

If you want 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 a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" starts ticking on the day that you were injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations may be reduced or extended. For instance, if the plaintiff is mentally disabled or underage. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.

Damages

If a person wins a personal injury lawsuits lawsuit is entitled damages. These can include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses related to an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that defendant did not act in a manner which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property and the amount of lost earnings if an injury prevented you from working or required you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. The most severe injuries are likely to result in higher general damage awards than minor or short-lasting injuries.

Mediation

Mediation isn't required for every injury case. However it is often used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. In mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. After that, you will exchange counteroffers and offers until you reach a settlement.

The purpose of mediation is to come to a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complex injuries are resolved through 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 for an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case cannot be resolved out of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the defendant's insurer.

Your attorney will present your case to a jury during the trial. The jury will determine if the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, handed down by the judge or Firms jury in a bench trial will decide if the defendant was negligent and in the event of negligence, what amount of financial damages are entitled to.