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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 pay your medical bills and make up for lost income. However many people are confused about how the process operates.

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

Time to File

Each state has its own statute of limitations which defines the time period after an accident when you have to start a lawsuit. If you don't submit your claim within this time frame, it is almost always dismissed.

Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

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

If you've been injured by a government entity or a physician working for the government, you may be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each situation. Your attorney can explain them in more depth. Generally these cases can be faster to be resolved than other ones.

Statute of limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

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 that could effectively stop the clock in certain cases. The discovery rule, for instance, allows you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

In some instances, the statute of limitations could be shortened or tolled. For example, if the plaintiff is mentally impaired or is younger than. It is best to speak with an experienced lawyer for injury to determine the particular statute of limitations that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim and their family.

Damages

A person who is awarded a personal injury law firm lawsuit is entitled to damages. They can include money to cover medical expenses or lost wages as well as other the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment or emotional distress caused by an accident.

The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant did not act in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, including the cost of repairing or replace damaged property or the amount of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in higher general damages than smaller or less-permanent injuries.

Mediation

Mediation is not required in every injury case. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides on their own. You will then make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is to come to an agreement that neither the responsible party nor injured party want to take to court. This is an important step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today to set up a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your lawyer may decide that a trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your attorney will present your case to a jury of peers during the trial. The jury is responsible for determining if the defendant was negligent and in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover the costs and losses. The defense will provide evidence to refute your accusations and keep them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge or jury at a bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages could you be awarded.