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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to cover medical expenses and make up for lost income. Many people aren't sure about the process of litigation.

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

Time to File

Each state has a statute that limits the amount of time you have to start a lawsuit following an accident. If you don't file your claim within this time frame, it will almost always 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. This could take months depending on the nature of the case.

At this point, a skilled lawyer will present an offer of settlement. However, your lawyer cannot make this demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.

There is also the possibility that you must adhere to additional time limits if you've been injured by an entity belonging to the government or by a doctor who is employed by the government. These are generally referred to as "discovery rules" or equitable tolling and are specific to each case. Your lawyer can explain them in greater detail. Generally, these cases are quicker to resolve than other cases.

Statute of Limitations

If you want to increase your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However there are exceptions to this rule that could effectively stop the clock in certain situations. For example, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury attorney.

The statute of limitations may be extended or injury lawyer reduced in some cases, such as when the plaintiff is underage or is mentally disabled. It is best to speak with an experienced lawyer for injury law firm lawyer (http://envtox.snu.ac.kr/bbs/board.php?bo_table=sub5_4&wr_id=880302) to determine the exact 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 consequences on the victim as well as the family members of the victim.

Damages

A person who is awarded an injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other types of damages pay compensation to someone who has suffered emotional distress or lost pleasure due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that defendant failed to perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation isn't required in all injury cases. However it can be used as a way to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you'll exchange counteroffers and offers in order to reach a settlement.

The party who is at fault and the victim who has been injured would like to go to trial therefore the goal is to settle through mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to schedule a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present a case to peers to jurors. The jury will determine if the defendant was negligent, and if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to pay for the expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either the judge or a jury in a bench trial will determine whether the defendant was negligent, and if so, what amount of financial damages you are entitled to.