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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 for medical expenses and to make up for lost income. However, many people are unclear about how the litigation process is carried out.

This blog post will discuss five steps that all personal injury claims must be able to pass through.

Time to File

Each state has a statute of limitations that sets the period of time following an accident, you are required to file a lawsuit. If you don't file your claim in this time frame, it is almost always dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take months depending on the nature of the case.

A good lawyer will then make a settlement request. But, your lawyer is not able to make a demand until you've reached the point of maximum medical improvement and are as well-as possible.

You could also be required to adhere to additional deadlines if you were injured by a government entity the government or a doctor who works for the government. These are often called "discovery rules" or equitable tolling, and are specific to each particular situation. Your attorney can explain them in greater detail. In general the cases are resolved more quickly than others.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run the day you were injured. There are some exceptions to the rule that can stop it in certain instances. 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.

In certain cases, the statute of limitations may be reduced or torpedoed. For example, if the plaintiff is mentally disabled or is under the age of. It is best to speak with an experienced injury attorneys lawyer to determine the precise statute of limitations that applies to your case. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

A person who wins in an injury case is entitled to compensation. These may include money to cover the cost of the victim's medical expenses, lost wages, and the costs related to an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment in life because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that a reasonable person would have applied in the same situation that led to your injury.

Special damages are generally easy to calculate, such as the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working or forced you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. Severe injuries will generally lead to higher general damages than minor or short-lasting injuries.

Mediation

Mediation is not required in all injury cases. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. At the mediation, you are able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. Then, you'll make counteroffers and exchange offers for a resolution.

Neither the negligent party nor the victim of injury would like to go to court Therefore, the best option is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been injured in a workplace accident or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority injury cases are settled outside 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 offered by the defendant's insurer.

Your attorney will argue your case before a jury during the trial. The jury will decide if the defendant was negligent and, if so what amount of compensation is due to compensate your injuries, financial losses and other expenses.

During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will provide evidence to counter your claims and stop 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 determine whether the defendant was negligent or if they were and the verdict is a financial one, how much could you be awarded.