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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and replace lost income. A lot of people aren't certain about the litigation process.

In this blog post, we will examine five key litigation milestones each personal injury claim has to be through.

Time to File

Each state has a statute of limitations that defines the period of time following an accident when you have to make a claim. If you fail to submit your claim within the timeframe it is usually dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Depending on the complexity of the case, this might take months.

A good lawyer will offer a settlement. But, your lawyer is not able to issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

You may also have to adhere to additional time limits if you've been injured by an entity belonging to the government or a medical professional who works for the government. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer can explain them in greater detail. Generally, these cases are resolved more quickly than others.

Statute of Limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In most states, "the clock" of the statute of limitations begins to run the day you have been injured. However there are exceptions to this rule which could effectively pause the clock in certain cases. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally impaired or is under the age of. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences for the victim and their family.

Damages

Anyone who prevails in an injury case is entitled to compensation. These may include money to pay for the medical treatment of the victim, lost wages, and the costs that result from an accident. Other types of damages are awarded to a person who has suffered emotional distress or loss of pleasure due to an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same circumstance that led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are generally greater for serious injuries than for less serious or short-term injuries.

Mediation

While it's not a mandatory part of any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to determine what you are expecting and how much you'd like. The mediator will then talk with both sides alone. After that, you will exchange counteroffers and offers to arrive at a settlement.

The aim of mediation is to come to an agreement that neither the negligent party nor injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you have been involved in a workplace accident or auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney could decide to take your case to trial if your case is not settled outside of court. This will be based on your particular circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.

Your attorney will present your case to a jury during the trial. The jury will decide if the defendant was negligent and, if so the amount of compensation that is due to compensate your financial losses, injuries, and expenses.

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 pay for the expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is handed down by the judge or jury in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial damages you should be awarded.