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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 recover damages to pay your medical bills and to make up for lost income. However, many people are unclear about how the litigation process is conducted.

In this blog post, we'll review five legal milestones that every personal injury lawsuit must go through.

Time to File

Every state has a law that limits the time you must bring a lawsuit following an accident. If you don't submit your claim within this timeframe, it will almost always be dismissed.

Once a case is filed and the parties are able to begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Based on the complexity of your case, this could take months.

A reputable lawyer will offer a settlement. But, your lawyer is not able to make a demand until after you are at the point of maximum medical improvement and are as fully recovered as possible.

If you've been injured by a government organization or a physician working for the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater depth. In general the cases are faster to be resolved than other ones.

Statute of limitations

If you want to increase your chances of getting fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of different types of personal injury cases, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run on the day you have been injured. However there are exceptions to this rule that can effectively stop the clock in certain situations. For instance the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury.

The statute of limitations could be extended or reduced in certain cases for instance, when the plaintiff is younger or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you try to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

If a person is awarded an injury lawsuit is entitled damages. They may include compensation for medical costs loss of wages, as well as the costs associated with an accident. Other kinds of damages compensate a person who is suffering from emotional distress or lost pleasure due to an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that an average person would have exercised in the same circumstance that led to your injury lawsuits.

Special damages, such as the cost of replacing or repairing damaged property or the value 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 are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

Mediation is not required in every case of injury. However it can be used to resolve a dispute and avoid having a judge or jury decide 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 you questions to determine what you expect and how much money you want. The mediator will then talk with both sides alone. After that, you will go back and forth with counteroffers and offers until you come to a resolution.

The aim of mediation is to arrive at a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step in avoiding the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you have been involved in an accident at work or in an auto accident. Call us today to arrange an appointment for a no-cost consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your lawyer may decide that trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present a case to peers to a jury. The jury will determine whether the defendant was negligent, and if they were the amount of compensation that is due to cover your losses due to injuries, financial loss, and expenses.

During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will use evidence to counter your allegations, and prevent them from having to pay any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict is issued by a judge, or a jury during the bench trial. It will determine if the defendant was negligent or not, and if so the case, what financial damages could you be awarded.