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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and make up for lost income. Many people are unsure of the procedure of suing.

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

Time to File

Each state has a statute of limitations which defines the time period after an accident that you must file a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will then submit a settlement request. Your attorney 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 were injured by an organization of the government or by a physician who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your lawyer will be able to clarify these more in detail. They are usually resolved quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of getting fair compensation, it is crucial to file an injury law firms lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to this rule, which can effectively stop it in certain instances. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.

In certain circumstances, the statute of limitations can be shortened or tolled. For instance when the plaintiff is mentally disabled or underage. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. This could include money to cover the cost of the victim's medical care as well as lost wages and the expenses caused by an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same situation which led to your injury.

Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working, or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as the ratio of 1.5 to 5. General damages are generally higher for severe injuries than for less serious or short-term injuries.

Mediation

While it's not a mandatory part of every injury case it can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator will ask you questions to determine what you are expecting and how much money you want. Then, both sides will talk alone with the mediator. Then, you'll make counteroffers and exchange offers to reach a resolution.

The negligent party and the victim who has been injured would like to go to court Therefore, the best option is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those involving the most renowned insurance companies. If you're involved in an auto crash or a workplace injury, Injury Lawsuit Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Call us today to arrange 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 court, your lawyer may decide that a trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

During the trial, your lawyer will present a case of peers to the jury. The jury will be accountable to determine if the defendant was negligent, and if so, how much compensation you should receive to cover 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 are entitled to financial damages to cover those expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, handed down by the judge or a jury in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial damages should be awarded.