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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 medical bills and replace lost income. However, many people are unclear about how the litigation process operates.

This blog post will go over five important milestones that all personal injury law firms claims have to be able to pass through.

Time to File

Each state has a statute of limitations which defines the time frame after an accident when you have to bring a lawsuit. If you don't file your claim within the period, it is almost always be dismissed.

After a case has been filed and the parties begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Based on the complexity of the case, this might take months.

At this point, injuries a reputable lawyer will submit an offer for settlement. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you've been injured by a government entity or a physician working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each case. Your attorney can clarify these more in detail. These cases are usually resolved faster than other types of cases.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many different kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" starts to tick on the day that you were injured. There are exceptions to the rule that can stop it in certain circumstances. The discovery rule, for instance allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain situations like when the plaintiff is young or mentally disabled. You should consult with an experienced attorney for injury to determine the specific limitation period that applies to your situation. If you attempt to make a claim after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

A person who wins a personal injury lawsuit is entitled damages. These could include funds to pay for the victim's medical care, lost wages, and the expenses related to an accident. Other damages could compensate a person for the loss of enjoyment 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 lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same situation that led to your injury.

Special damages are usually simple to calculate, like the cost to repair or replace damaged property or the cost of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries result in greater general damages than minor or short-lasting injuries (visit here).

Mediation

Although it isn't an essential element of any injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like to spend. Then, both sides will have a private discussion with the mediator. Then, you'll offer counteroffers and exchange ideas in order to reach a decision.

The party who is at fault and the injured victim wants to go to trial and so the aim is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an auto crash or a workplace injury attorneys, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your individual circumstances and the strength of your evidence as well as the insurance company of the defendant's offer.

During the trial, your attorney will present a case of peers to jurors. The jury will be accountable to determine if the defendant was negligent, and should they be awarded compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to back up your allegations, and prevent them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by the judge or a jury in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial damages should be awarded.