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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to pay for medical expenses and make up for lost income. However, many people are unclear about how the litigation process works.

This blog post will cover five steps that all personal injury claims must go through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident to file a lawsuit. If you don't file your claim within the time frame, it will most likely be dismissed.

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

A good lawyer will offer a settlement. The lawyer can only make this demand once you have achieved your maximum medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In the majority of states, the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to this rule that could effectively pause it in certain instances. For example the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

In some instances, the statute of limitation may be reduced or extended. For example when the plaintiff is mentally handicapped or underage. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you try to file a claim after the time limit has expired the case could be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

The person who wins an accident case is entitled to damages. These can 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 compensate someone who is suffering from emotional distress or loss of pleasure because of an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, including the cost of repairing or replace damaged property and the value of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use multipliers, injury such as a 1.5 to 5 factor to estimate general damages. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.

Mediation

Although it isn't required in any injury case, mediation can be used to settle disputes without having a jury or judge decide on 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 determine what you expect and how much you'd like to spend. The mediator will then talk with both sides on their own. After that, you will go back and forth with offers and counteroffers to reach a settlement.

Neither the negligent party nor the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Call us today to arrange an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injury - click through the next article, cases are settled outside of court, your attorney might decide that trial is required. This will be based on your individual circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will present your case to a jury during the trial. The jury is responsible 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 attorney will use evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to pay for the expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a juror or judge in a bench trial. It will decide whether the defendant was negligent, and if they were and injury the verdict is a financial one, how much will you be awarded.