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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to claim compensation for medical expenses or lost income, you could file a lawsuit. However many people aren't sure about how the process is carried out.

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

Time to File

Each state has a statute which limits the time you must start a lawsuit following an accident. If you don't file your claim within the period, it is almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents, witness testimony, and depositions. It could take a few months depending on the complexity of the case.

At this point, an experienced lawyer will present an agreement demand. Your lawyer can only make this demand after you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or a doctor who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are very specific to each case. Your lawyer can explain them in greater detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.

In the majority of states the statute of limitations "clock" starts ticking when you are injured. There are some exceptions to this rule, which can stop it in certain cases. For example, the discovery rule allows you to file a case after you have discovered (or firms should have discovered with reasonable care) your injury.

The statute of limitations may also be shortened or extended in certain circumstances like when the plaintiff is underage or has mental disabilities. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to make a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

A person who wins in an injury case is entitled to compensation. These may include money to pay for the victim's medical care as well as lost wages and the expenses associated with an accident. Other types of damages are awarded to a person who has suffered emotional distress or lost satisfaction due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant failed to act in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as a factor of 1.5 to 5. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.

Mediation

Mediation isn't required in all injury law firm cases. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two sides will have a private discussion with the mediator. Then, you can make counter-offers and exchange offers to find a solution.

The party who is at fault and the victim of injury would like to go to court and so the aim is to settle the matter in mediation. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you have been involved in a workplace accident or an auto accident. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer could decide to pursue a trial in the event that your case isn't resolved outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your lawyer will present your case before a jury during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you will receive to cover your injuries, expenses and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries, and that financial damages are needed to compensate for your losses and expenses. The defense will make use of evidence to back up your claims, and stop them from having to pay you any amount. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge, or a jury at a bench trial. It will determine if the defendant was negligent, and if they were, how much financial damages will you be awarded.