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How the Injury Lawsuit Process Works

If you have been injured in an accident and you need to recover damages for medical bills or lost income, it is possible to file a lawsuit. However there are many who aren't clear about how the litigation process is conducted.

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

Time to File

Each state has a statute of limitation that specifies the time frame after an accident when you have to bring a lawsuit. If you do not submit your claim within this time frame, it will most likely be dismissed.

When 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. Depending on the nature of your case, this may take months.

A good lawyer will then present a settlement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.

If you've been injured by a government agency or a medical professional working for the government, you could be subject to additional time limitations to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer can explain these in greater detail. These cases usually settle quicker than other types of cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it is important to file an injury attorney lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury cases, 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 starts to run on the day you were injured. However, injury lawyer there are exceptions to this rule which could effectively pause the clock in certain situations. The discovery rule, for instance permits you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be extended or reduced in certain situations in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. It is best to speak with an experienced injury lawyer to determine the precise time limit that applies to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

A person who is awarded a personal injury attorneys lawsuit is entitled to receive damages. They can include money for the victim's medical costs, lost wages and incident-related expenses. Other kinds of damages compensate someone who is suffering from emotional distress or lost enjoyment due to an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant failed to perform in a manner that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries than for short-term or minor injuries.

Mediation

Mediation is not required in every injury case. However, it can be used to resolve a dispute without having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial 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 mediator will then speak with both sides in a private setting. You will then make counteroffers and exchange offers in order to reach a decision.

The party who is at fault and the victim who has been injured would like to go to court, so the goal is to settle the matter in mediation. This is an essential step to avoid the long and stressful process of litigation. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in an accident at work or an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to go to trial in the event that your case isn't resolved outside of court. This will be based on your specific circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will argue your case to a jury during the trial. The jury will be accountable for determining whether the defendant was negligent and if so, how much compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be given by a judge or a jury during a bench trial. It will determine whether the defendant was negligent, and if they were the case, injury lawyer what financial damages are you entitled to.