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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and make up for lost income. However, many people are unclear about how the process operates.

In this blog post, we will review five legal milestones that every personal injury lawsuit must undergo.

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident to make a claim. If you do not file your claim within the time frame, it will most likely be dismissed.

Once a case is filed the parties will then begin an investigation process that involves exchanging documents as well as witness testimony and depositions. It could take a few months depending on the nature of the case.

At this point, a good lawyer will submit an agreement demand. Your attorney can only make this demand after you have reached maximum medical improvement.

You may also be required to adhere to additional time limits if you've been injured by an organization of the government or a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your lawyer can explain them in greater depth. In general, these cases are solved more quickly than other cases.

Statute of limitations

If you want to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to run the day the injury. However, there are exceptions to this rule that can effectively pause the clock in certain circumstances. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury.

The statute of limitations can be extended or reduced in certain cases like when the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury Law Firms attorney to determine the particular time limit that applies to your case. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as his or her family.

Damages

The person who wins a personal injury case is entitled to damages. They can include money for medical expenses, lost wages and incident-related expenses. Other kinds of damages pay compensation to someone who suffers from emotional distress or Injury law firms loss of enjoyment in life due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that defendant did not behave in a way that a reasonable individual would have done in the same circumstance. This resulted in your injury.

Special damages are typically easy to calculate, for example the cost to repair or replace damaged property as well as the cost of lost wages if an injury kept you from working or caused you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages are usually higher for severe injuries than for minor or short-term injuries.

Mediation

Mediation isn't required in all injury cases. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to find out what you expect and how much money you'd like. The mediator will then talk with both sides in a private setting. Then, you can make counteroffers and exchange offers for a resolution.

The aim of mediation is to arrive at an agreement where neither the responsible party nor the victim who has been injured want to go to court. This is an important step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases are settled via mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney may decide that trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.

Your attorney will argue your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.

During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are needed to cover your expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a judge or jury during a bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages should you be awarded.