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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 can help you obtain damages to pay for medical expenses and make up for lost income. Many people are unsure of the procedure of suing.

This blog post will talk about five important milestones that all personal injury claims have to go through.

Time to File

Each state has its own statute of limitations that defines the time frame after an accident that you must file a lawsuit. If you don't file your claim within this period, it is almost always be dismissed.

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

At this point, a skilled lawyer will issue a settlement demand. The lawyer can only make this demand once you have attained the highest level of medical improvement.

You may also have to adhere to additional time limitations if injured by an entity belonging to the government or by a physician who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater detail. These cases usually settle quicker than other types of cases.

Statute of limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different types of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In most states the statute of limitations "clock" begins to tick on the day that you were injured. However, there are exceptions to this rule which could effectively pause the clock in certain situations. The discovery rule, for instance allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can also be shortened or extended in some cases for instance, when the plaintiff is underage or has a mental disability. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs related to an accident. Other kinds of damages compensate a person who suffers from emotional distress or loss of satisfaction due to an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or required you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Mediation isn't required in every case of injury. However, it can be used as a way to resolve a dispute without having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The two parties will discuss their differences with the mediator. Then, you will make counter-offers and exchange proposals to find a solution.

The negligent party and the victim of injury would like to go to court Therefore, the best option is to settle through mediation. This is an essential step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at an appropriate location in Pittsburgh or firms Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case is not settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your lawyer will present your case before a jury during the trial. The jury will be accountable for determining if the defendant was negligent, and should they be awarded compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict is issued by a judge, or a jury in a bench trial. It will determine if the defendant was negligent and, if they were and the verdict is a financial one, how much are you entitled to.