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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 medical bills and compensate for the loss of income. Many people aren't sure about the process of litigation.

In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Every state has a statute of limitations that defines the time period after an accident that you must start a lawsuit. If you do not submit your claim within the timeframe it is usually dismissed.

Once a case is filed the parties start a process called discovery. This involves exchanging information like documents, witness testimony and depositions. This could take several months depending on the complexity of the case.

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

You could also be required to adhere to additional time limitations if injured by a government entity the government or a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each case. Your lawyer can explain them in greater detail. In general these cases are resolved more quickly than others.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of kinds of personal injury lawyers cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" begins to tick on the day you were 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 lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

In some cases the statute of limitations can be shortened or tolled. For example, injury lawsuit if the plaintiff is mentally disabled or is under the age of. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences on the victim as well as his or her family.

Damages

A person who wins a personal injury lawsuit (oi2bj1bgty1t8Ty.com) is entitled to receive damages. These could include funds to pay for the victim's medical treatment or lost wages, as well as the costs associated with an accident. Other kinds of damages compensate someone who suffers from emotional distress or loss of enjoyment in life because of an accident.

The jury will decide the amount of damages based on the evidence presented in the 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, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or injury lawsuit forces you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries lead to higher general damages than small or short-lasting injuries.

Mediation

Mediation is not required in every injury case. However it is often 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 known as mediator.

The mediator will ask you questions to determine what you are expecting and the amount you'd like to spend. The two parties will sit down with the mediator. Then, you will make counter-offers and exchange proposals in order to reach a decision.

The party who is at fault and the victim who was injured want to go to trial, so the goal is to settle in mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to set up an appointment for a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney may decide that trial is required. This will depend on your personal circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover those expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, given by the judge or a jury in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial compensation you should be awarded.