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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 recover damages to cover medical expenses and compensate for the loss of income. However many people are confused about how the litigation process is carried out.

This blog post will talk about five milestones that all personal injury lawyers claims have to be able to pass through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident when you have to file a lawsuit. If you don't submit your claim within the timeframe it is nearly always dismissed.

After a case has been filed and the parties are able to begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

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

If you were injured by a government organization or a medical professional working for the government, you could be subject to additional time limits to comply with in addition the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can explain them in more detail. In general these cases can be quicker to resolve than other cases.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury law firms cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In most states the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to the rule that can stop it in certain situations. For example the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally handicapped or is younger than. It is recommended to consult an experienced injury lawyer to determine the exact statute of limitations that applies to your particular situation. If you attempt to file 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

If a person is awarded an injury lawsuit is entitled to damages. They could include compensation for medical expenses loss of wages, as well as the costs associated with an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney 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, such as the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or causes you to take a vacation or sick leave are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. Severe injuries will generally lead to higher general damages than those resulting from small or short-lasting injuries.

Mediation

Although it's not an obligatory element in any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you are expecting and how much you want. The mediator will then discuss the matter with both sides alone. Then, you'll offer counteroffers and exchange ideas for a resolution.

Neither the negligent party nor the victim who was injured want to go to court and so the aim is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to schedule an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case cannot be settled out of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company of the defendant's offer.

During the trial, your lawyer will present a case of peers before a jury. The jury is responsible for determining whether the defendant was negligent and in the event that they were, how much compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you any money. After both sides have made their closing arguments, the jury will deliberate. The verdict, which is issued by either the judge or a jury in a bench trial will determine whether the defendant was negligent, and in the event of negligence, what amount of financial damages should be awarded.