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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay medical bills and compensate for the loss of income. Many people are unsure of the process of filing a lawsuit.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be through.

Time to File

Every state has a statute of limitations that defines the time frame after an accident, you are required to file a lawsuit. If you don't file your claim in the timeframe, it is almost always dismissed.

After a case has been filed the parties begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. Based on the complexity of the case, this might take months.

A good lawyer will then submit a settlement request. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional time limits if you were injured by an entity of the government or a medical professional who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can clarify these more in detail. These cases are typically resolved faster than other types of cases.

Statute of limitations

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

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

In certain cases, the statute of limitations can be reduced or torpedoed. For instance, if the plaintiff is mentally impaired or is under the age of. It is recommended to consult an experienced attorney for injury to determine the precise statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim.

Damages

If a person is awarded an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical care as well as lost wages and the expenses related to an accident. Other types 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 based on the evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that an average person would have applied in the same circumstance, which led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property and the cost of lost wages if an injury 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 utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it isn't an essential element of every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.

The mediator will ask you questions to find out what you expect and how much money you'd like. The mediator injury will then meet with both sides at a time. After that, injury you will go back and forth with offers and counteroffers to come to a resolution.

Both the party responsible for the negligence and the victim who was injured want to go to court therefore the goal is to settle in mediation. This is a vital step to avoid the long and stressful process of litigation. Even the most difficult injuries are resolved through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your personal circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your attorney will present your case before a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent, and should they be awarded compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries, and that the financial damages you receive are necessary to cover your losses and expenses. The defense will provide evidence to defend themselves against your claims and stop them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or a jury in a bench trial will determine if the defendant was negligent and if so, the amount of financial compensation you are entitled to.