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How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical expenses or lost income, you could make a claim. However many people aren't sure about how the litigation process works.

In this blog post, we'll examine five key litigation milestones every personal injury case must be able to pass through.

Time to File

Every state has a law which limits the time you are required to file a lawsuit after an accident. If you fail to submit your claim within the timeframe it is usually dismissed.

When a case is filed and the parties are able to begin a process known as discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of the case, vimeo this might take months.

A reputable lawyer will make a settlement request. Your lawyer can only make this demand after you have achieved your maximum medical improvement.

You may also have to adhere to additional time limits if you were injured by an entity of the government or a medical professional who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more depth. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims product liability claims, and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations starts to tick on the day you've been injured. However there are exceptions to this rule which could effectively pause the clock in certain circumstances. For example, Vimeo the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the wylie injury lawyer.

In some cases the statute of limitations could be reduced or torpedoed. For example when the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced injury attorney to determine the exact limitation period that applies to your case. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences on the victim and the family members of the victim.

Damages

The person who wins an injury case is entitled to damages. They may include compensation for the victim's medical costs, lost wages and accident-related costs. Other kinds of damages compensate a person who is suffering from emotional distress or lost satisfaction because of an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant failed to behave in a way that a reasonable person would have done in the same situation. This led to your collierville injury lawyer.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in greater general damages than minor vimeo or short-lasting injuries.

Mediation

Although it isn't required in any injury case it 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 third party neutral, called mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The two sides will talk alone with the mediator. After that, you'll go back and forth with counteroffers and offers until you come to a resolution.

The purpose of mediation is to reach an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is a vital step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, no matter if you've been injured in a workplace accident or auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to proceed to trial if your case has not been resolved out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer made 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 the amount of compensation that should be paid to cover your injuries, financial losses and other expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, which is given by the judge or a jury in a bench trial, will determine if the defendant was negligent and if so, what amount of financial compensation you should be awarded.