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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to pay medical bills and to make up for lost income. However there are many who aren't clear about how the process is conducted.

In this blog post, we'll look at five milestones in litigation that every personal injury case must be through.

Time to File

Every state has a law which limits the time you have to start a lawsuit following an accident. If you do not file your claim within this time frame, it will almost always be dismissed.

Once a case is filed the parties start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this may take months.

At this point, a reputable lawyer will present an offer for settlement. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

You may also be required to adhere to additional time limits if you were injured by an entity belonging to the government or by a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your lawyer can provide more details. In general, these cases are faster to be resolved than other ones.

Statute of Limitations

It is crucial to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you have been injured. There are a few exceptions to this rule, which could effectively pause it in certain instances. For instance the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can also be shortened or extended in certain situations in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim as well as his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They could include compensation for medical expenses as well as lost wages and other the costs associated with an accident. Other damages could be awarded to compensate for the 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 behave in a way which a reasonable person could have done in the same situation. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages are typically higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it can be utilized as a way to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you will offer counteroffers and exchange ideas in order to reach a decision.

The goal of mediation is to come to an agreement in which neither the negligent party nor injured party want to take to court. This is a vital step in avoiding the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case has not been resolved outside of court. 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 during the trial. The jury will decide if the defendant was negligent and, if they were the amount of compensation that is due to cover your injuries, financial losses and other expenses.

During the trial, your attorney 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 use evidence to argue your allegations, and prevent them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or a jury in a bench trial, will decide if the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.