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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to recover damages for medical bills or lost income, you may bring a lawsuit. Many people aren't sure about the litigation process.

This blog post will go over five stages that all personal injury claims must pass through.

Time to File

Each state has a statute of limitations which defines the amount of time after an accident that you must bring a lawsuit. If you do not make a claim within this time frame, it will almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this can take months.

A good lawyer will then make a settlement request. However, your lawyer cannot make a demand until after you have reached the point of maximum medical improvement and you are as healthy as possible.

You may also have to adhere to additional deadlines if you were injured by an entity of the government or a doctor who works for the government. These are generally called "discovery rules" or equitable tolling and are extremely specific to each particular situation. Your attorney can explain them in more depth. They are usually resolved faster than other cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful death claims.

In the majority of states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are some exceptions to the rule which could cause it to stop in certain cases. The discovery rule, for example permits you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is younger than. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after the time limit has expired the case could be dismissed by the court. This can have devastating effects on the victim and their family.

Damages

A person who wins a personal merrillville injury law firm lawsuit is entitled damages. These could include funds to cover the cost of the victim's medical care as well as lost wages and the costs associated with an accident. Other damages could compensate the victim for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages is determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have exercised in the same circumstance which led to your injury.

Special damages are usually easy to calculate, including the cost of repairing or replace damaged property as well as the cost of lost earnings if an asbury park injury attorney prevented you from working, or forced you to use sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically higher for severe injuries than for minor or short-term injuries.

Mediation

While it's not an obligatory element in every injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange offers to reach a resolution.

The negligent party and the injured victim wants to go to trial therefore the goal is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been injured in a workplace accident or auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial if your case is not resolved outside of court. This will depend on your individual 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 of peers to jurors. The jury will be accountable to determine if the defendant was negligent and, should they be awarded compensation you are entitled to pay for your injuries, expenses and [Redirect-302] financial losses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, which is delivered by jurors or judges in a bench trial will decide if the defendant was negligent, and if so, what amount of financial damages you are entitled to.